Case number 5:19-cv-01601
Gerlach, Inc. v. Gerlach Maschinenbau GmbH et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Aug 8, 2022 | 111 | Order (15) Docket Text:Pretrial and Trial Order: Pretrial Motion Deadline: August 31, 2022; Response to Pretrial Motions: September 14, 2022; Final Pretrial Conference: September 23, 2022 at 1:00 p.m.; Witness and Exhibit Lists, Trial Briefs, Stipulations: September 30, 2022; Exhibits: October 6, 2022 by 12:00 pm; Trial: October 11, 2022 at 8:30 a.m. Judge J. Philip Calabrese on 8/8/2022. (Y,A) |
| Aug 5, 2022 | 110 | Memorandum Opinion and Order (7) Docket Text:Opinion and Order Regarding the Court's Jurisdiction. Signed by Judge J. Philip Calabrese on 08/05/22. (M,MT) |
| Jul 20, 2022 | N/A | Status Conference (0) Docket Text:Minutes of proceedings [non-document] before Judge J. Philip Calabrese. The Court held a status conference via Zoom on July 19, 2022. Joseph M. Pritchard appeared for Plaintiff. Katrin Lewertoff appeared for Defendants. The Court will address the question of jurisdiction the parties raised in their recent submissions to the Court as promptly as possible. Subject to that determination, the Court set trial to begin on October 11, 2022 in Courtroom 16B, Carl B. Stokes U.S. Courthouse, 801 West Superior Avenue, Cleveland, Ohio. If the Court determines it has jurisdiction, the Court will issue a formal pretrial schedule and trial order. Time: 25 minutes. (Y,A) (Y,A) |
| Jul 15, 2022 | 108 | Notice (5) Docket Text: Memorandum Regarding the Availability of a Jury Trial Right on Count IV and Witness List filed by Gerlach, Inc.. Related document(s)[105],.(Pritchard, Joseph) |
| Jul 15, 2022 | 109 | Brief (7) Docket Text: Memorandum of Points and Authorities In Response to Court's Order of May 11, 2022 filed by Gerlach Machinery Corp, Gerlach Maschinenbau GmbH, Troester Machinery Ltd.. (Related document(s) [105]) (Lewertoff, Katrin) |
| Jun 30, 2022 | N/A | Order on Motion for extension of time (0) Docket Text:Order [non-document]: The Court GRANTS the parties' joint motion for extension of time to file their memoranda regarding trial (see ECF No. [105]) to July 15, 2022. The Court schedules a status conference by Zoom on July 19, 2022 at 5:00 p.m. Judge J. Philip Calabrese on 6/30/2022.(Y,A) |
| Jun 29, 2022 | 107 | Motion for extension of time (other) (2) Docket Text: Joint Motion for extension of time until July 15, 2022 to To File Memorandum filed by Plaintiff Gerlach, Inc.. Related document(s)[105], [106]. (Pritchard, Joseph) |
| May 27, 2022 | N/A | Order on Motion to extend deadlines (0) Docket Text:Order [non-document]: On joint motion of the parties, and for good cause shown, the Court extends the deadline in its Order of May 11, 2022 to July 1, 2022. Judge J. Philip Calabrese on 5/27/2022.(Y,A) |
| May 26, 2022 | 106 | Motion for extension of time (other) (2) Docket Text: Joint Motion for extension of To File Seperate Memoranda Regaring Jury Trial Right and Testifying Witnessess until July 1, 2022 filed by Plaintiff Gerlach, Inc.. Related document(s)[105]. (Pritchard, Joseph) |
| May 11, 2022 | N/A | Status Conference (0) Docket Text:Minutes of proceedings [non-document] before Judge J. Philip Calabrese. The Court held a status conference in person on 5/11/2022. Joseph M. Pritchard, IV appeared for Plaintiff with Gary Hall. Katrin Lewertoff appeared for Defendants with Jens Moeckel. The parties discussed potential resolution of the remaining claim in the case, Count IV of Plaintiff's amended complaint. By separate entry, the Court set deadlines for determining the next steps in resolving the parties' dispute. Time: 1 hour 10 minutes. (Y,A) |
| May 11, 2022 | 105 | Order (1) Docket Text:Order: The Court orders the parties to submit separate memoranda, not to exceed five (5) pages, by noon on June 1, 2022 regarding the availability of a jury trial right on Count IV and the witnesses who would testify at trial. Judge J. Philip Calabrese on 5/11/2022. (Y,A) |
| Apr 8, 2022 | N/A | Telephone Conference (0) Docket Text:Minutes of proceedings [non-document] before Judge J. Philip Calabrese. The Court held a status conference by telephone on 4/8/2022. Joseph M. Pritchard, IV appeared for Plaintiff. Katrin Lewertoff appeared for Defendants. The Court discussed the parties' joint status report with counsel, with particular attention to Count 4 of Plaintiff's complaint and the efforts at resolution directly between the parties. The Court sets a status conference on May 11, 2022 at 12:00 p.m. The conference will be held in person in Courtroom 16B with counsel and the principals to discuss the status of the case and any proceedings to adjudicate remaining issues. The parties should be prepared to discuss those issues and commit to binding time frames for the conclusion of this matter. Time: 30 minutes. (Y,A) |
| Apr 5, 2022 | 104 | Status Report (2) Docket Text: Joint Status Report filed by Gerlach, Inc.. (Pritchard, Joseph) |
| Mar 18, 2022 | N/A | Order (0) Docket Text:Order [non-document]: The Court schedules a status conference by telephone on April 8, 2022 at 10:00 a.m. In advance of the status conference, the Court ORDERS counsel to confer and, no later than noon on April 6, 2022, to submit a short joint status report regarding the status of Count 4 of the First Amended Complaint and any proceedings necessary for its resolution. Judge J. Philip Calabrese on 3/18/2022. (Y,A) |
| Mar 18, 2022 | 103 | Order on Motion for summary judgment (19) Docket Text:Opinion and Order: The Court GRANTS Defendants' motion for summary judgment (ECF No. [89]). Judge J. Philip Calabrese on 3/18/2022.(Y,A) |
| Mar 4, 2022 | 102 | Status Report (2) Docket Text: Joint Status Report filed by Gerlach, Inc.. Related document(s)[59].(Pritchard, Joseph) |
| Jan 18, 2022 | 101 | Status Report (2) Docket Text: Joint Status Report filed by Gerlach, Inc.. Related document(s)[59].(Pritchard, Joseph) |
| Jan 13, 2022 | N/A | Telephone Conference (0) Docket Text:Minutes of proceedings [non-document] before Judge J. Philip Calabrese. The Court held a status conference by telephone on 1/13/2022. Joseph M. Pritchard appeared for Plaintiff. Katrin Lewertoff appeared for Defendants. The parties discussed the status of the case. The Court informed counsel that it is reviewing the parties summary judgment briefing and Plaintiff's request for oral argument. The Court has the matters under advisement and will rule as promptly as possible. Time: 6 minutes. (Y,A) |
| Dec 15, 2021 | 100 | Letter (2) Docket Text: Letter Request for Oral Argument on Defendants' Motion for Summary Judgment filed by Gerlach, Inc.. Related document(s)[89], [98], [95]. (Pritchard, Joseph) |
| Dec 2, 2021 | 99 | Status Report (2) Docket Text: Joint Status Report filed by Gerlach, Inc.. Related document(s)[59].(Pritchard, Joseph) |
| Nov 8, 2021 | 98 | Reply (20) Docket Text:Reply in support of [89] Motion for summary judgment filed by Gerlach Machinery Corp, Gerlach Maschinenbau GmbH, Troester Machinery Ltd.. (Lewertoff, Katrin) |
| Oct 25, 2021 | N/A | Order on Motion to extend deadlines (0) Docket Text:Order [non-document]: For good cause shown, the Court GRANTS Defendants' motion for an extension through November 8, 2021 to reply in support of their motion for summary judgment (ECF No. [97]). Judge J. Philip Calabrese on 10/25/2021. (Y,A) |
| Oct 22, 2021 | 97 | Main Document (3) Docket Text:Motion for extension of deadline to file reply brief in support of motion for summary judgment until November 8, 2021 filed by Gerlach Machinery Corp, Gerlach Maschinenbau GmbH, Troester Machinery Ltd.. (Attachments: # (1) Exhibit A - Oct. 22, 2021 email exchange)(Seasly, Steven) |
| Oct 22, 2021 | 97 | Exhibit A - Oct. 22, 2021 email exchange (11) |
| Oct 18, 2021 | 96 | Status Report (2) Docket Text: Joint Status Report filed by Gerlach, Inc.. Related document(s)[59].(Pritchard, Joseph) |
| Oct 15, 2021 | 93 | Main Document (4) Docket Text: Declaration of J. Matthew Pritchard in Support of Plaintiff's Opposition to Defendants' Motion for Summary Judgment filed by Gerlach, Inc.. (Attachments: # (1) Exhibit 1 - Declaration of Gary A. Hall dated March 7, 2019, # (2) Exhibit 2 - Agency Agreement between Gerlach GmbH (Erkelenz) and Gerlach, Inc. dated November, 1, 1987, # (3) Exhibit 3 - Agency Agreement between Gerlach GmbH (Erkelenz) and Gerlach, Inc. dated February 20, 1991, # (4) Exhibit 4 - 5-year extension of the Agency Agreement between Gerlach GmbH (Erkelenz) and Gerlach, Inc. dated October 17, 1995, # (5) Exhibit 5 - Licensing Agreement between Gerlach GmbH (Erkelenz) and Gerlach, Inc. dated January 2, 2000, # (6) Exhibit 6 - copy of a letter (and Telex) from Juergen Gerlach to Gary Hall dated October 30, 1987, # (7) Exhibit 7 - Gerlach, Inc.s First Amended Responses to Gerlach Maschinenbau GmbHs First Set of Interrogatories Numbered 4 and 7 served on counsel for Defendants on August 6, 2020, # (8) Exhibit 8 - online article from Rubber & Plastic News titled Troester, Gerlach extend machinery agreement dated November 19, 2015, # (9) Exhibit 9 - Standard Commission Agency Agreement between TSM GmbH and Gerlach, Inc. effective July 1, 2008, # (10) Exhibit 10 - copies of three (3) United States Certificates of Registration Nos. 5887479, 5842136 and 5667018 owned by Gerlach Maschinenbau GmbH for trademarks that include Gerlach, # (11) Exhibit 11 - April 16, 2020 email from Juergen Gerlach to Jens Moeckel, # (12) Exhibit 12 - English-language translation of the document attached hereto as Exhibit 11, # (13) Exhibit 13 - Streetsboro Police Department Incident Report No. 201403288 dated beginning November 11, 2014) (Pritchard, Joseph) |
| Oct 15, 2021 | 93 | Exhibit Ex. 1 Declaration of Gary A. Hall dated March 7, 2019 (29) |
| Oct 15, 2021 | 93 | Exhibit Ex. 2 Agency Agreement between Gerlach GmbH (Erkelenz) and Gerlach, Inc. (9) |
| Oct 15, 2021 | 93 | Exhibit Ex. 3 Agency Agreement between Gerlach GmbH (Erkelenz) and Gerlach, Inc. (2) |
| Oct 15, 2021 | 93 | Exhibit Ex. 4 5-year extension of the Agency Agreement between Gerlach GmbH (Erk (10) |
| Oct 15, 2021 | 93 | Exhibit Ex. 5 Licensing Agreement between Gerlach GmbH (Erkelenz) and Gerlach, I (6) |
| Oct 15, 2021 | 93 | Exhibit Ex. 6 copy of a letter (and Telex) from Juergen Gerlach to Gary Hall dat (3) |
| Oct 15, 2021 | 93 | Exhibit Ex. 7 Gerlach, Inc.s First Amended Responses to Gerlach Maschinenbau Gmb (8) |
| Oct 15, 2021 | 93 | Exhibit Ex. 8 online article from Rubber & Plastic News titled Troester, Gerlach (3) |
| Oct 15, 2021 | 93 | Exhibit Ex. 9 Standard Commission Agency Agreement between TSM GmbH and Gerlach, (7) |
| Oct 15, 2021 | 93 | Exhibit Ex. 10 copies of three (3) United States Certificates of Registration No (4) |
| Oct 15, 2021 | 93 | Exhibit Ex. 11 April 16, 2020 email from Juergen Gerlach to Jens Moeckel (2) |
| Oct 15, 2021 | 93 | Exhibit Ex. 12 English-language translation of the document attached hereto as E (2) |
| Oct 15, 2021 | 93 | Exhibit Ex. 13 Streetsboro Police Department Incident Report No. 201403288 dated (7) |
| Oct 15, 2021 | 94 | Main Document (9) Docket Text: Declaration of Gary A. Hall in Support of Plaintiff's Opposition to Defendants' Motion for Summary Judgment filed by Gerlach, Inc.. (Attachments: # (1) Exhibit 1 - representative marketing materials prior to 2007 in support of paragraphs 3 and 6, # (2) Exhibit 2 - a facsimile from Gary Hall to Juergen Gerlach dated June 16, 1994 concerning a quote to a firm in India in support of paragraphs 3 and 6, # (3) Exhibit 3 - a technical letter from Juergen Gerlach to Gary Hall dated February 1, 1991 in support of paragraphs 3 and 6, # (4) Exhibit 4 - representative marketing materials prior to 2007 in support of paragraphs 3 and 6, # (5) Exhibit 5 - copy of the back cover of a representative marketing brochure dated around 1996 in support of paragraphs 3 and 6, # (6) Exhibit 6 - a technical drawing dated May 25, 2005 in support of paragraphs 3 and 6, # (7) Exhibit 7 - a letter from Gary Hall to Juergen Gerlach dated February 2, 1995 in support of paragraphs 3 and 6, # (8) Exhibit 8 - a Gerlach, Inc. Service Report dated January 3, 2002 in support of paragraphs 3 and 6, # (9) Exhibit 9 - a letter from Gary Hall to Juergen Gerlach dated January 27, 1998 in support of paragraphs 3 and 6, # (10) Exhibit 10 - an invoice from Gerlach, Inc. to Gerlach GmbH dated May 17, 2005 in support of paragraphs 3 and 6, # (11) Exhibit 11 - an excerpted letter from Gary Hall to Randy Hillenberg dated June 23, 2005 in support of paragraphs 3 and 6, # (12) Exhibit 12 - an image of a representative machine badge prior to 2007 in support of paragraphs 3 and 6, # (13) Exhibit 13 - images of representative screen shots of its website, www.gerlachinc.com, from 2015 to the present in support of paragraphs 25-29, # (14) Exhibit 14 - representative purchase orders from 2011-2013 in support of paragraphs 25-29, # (15) Exhibit 15 - representative invoices from 2008, 2012 and 2013 in support of paragraphs 25-29, # (16) Exhibit 16 - representative pro forma invoices from 2007, 2008 and 2013 in support of paragraphs 25-29, # (17) Exhibit 17 - representative quotations from 2007, 2008, 2013, 2014 and 2016 in support of paragraphs 25-29, # (18) Exhibit 18 - representative marketing materials used between 2008 and 2013 showing the concurrent use of Gerlach and TSM branding in support of paragraph 38) (Pritchard, Joseph) |
| Oct 15, 2021 | 94 | Exhibit Ex. 1 representative marketing materials prior to 2007 in support of par (2) |
| Oct 15, 2021 | 94 | Exhibit Ex. 2 a facsimile from Gary Hall to Juergen Gerlach dated June 16, 1994 (3) |
| Oct 15, 2021 | 94 | Exhibit Ex. 3 a technical letter from Juergen Gerlach to Gary Hall dated Februar (3) |
| Oct 15, 2021 | 94 | Exhibit Ex. 4 representative marketing materials prior to 2007 in support of par (2) |
| Oct 15, 2021 | 94 | Exhibit Ex. 5 copy of the back cover of a representative marketing brochure date (2) |
| Oct 15, 2021 | 94 | Exhibit Ex. 6 a technical drawing dated May 25, 2005 in support of paragraphs 3 (2) |
| Oct 15, 2021 | 94 | Exhibit Ex. 7 a letter from Gary Hall to Juergen Gerlach dated February 2, 1995 (2) |
| Oct 15, 2021 | 94 | Exhibit Ex. 8 a Gerlach, Inc. Service Report dated January 3, 2002 in support of (3) |
| Oct 15, 2021 | 94 | Exhibit Ex. 9 a letter from Gary Hall to Juergen Gerlach dated January 27, 1998 (2) |
| Oct 15, 2021 | 94 | Exhibit Ex. 10 an invoice from Gerlach, Inc. to Gerlach GmbH dated May 17, 2005 (2) |
| Oct 15, 2021 | 94 | Exhibit Ex. 11 an excerpted letter from Gary Hall to Randy Hillenberg dated June (8) |
| Oct 15, 2021 | 94 | Exhibit Ex. 12 an image of a representative machine badge prior to 2007 in suppo (2) |
| Oct 15, 2021 | 94 | Exhibit Ex. 13 images of representative screen shots of its website, www.gerlach (9) |
| Oct 15, 2021 | 94 | Exhibit Ex. 14 representative purchase orders from 2011-2013 in support of parag (4) |
| Oct 15, 2021 | 94 | Exhibit Ex. 15 representative invoices from 2008, 2012 and 2013 in support of pa (9) |
| Oct 15, 2021 | 94 | Exhibit Ex. 16 representative pro forma invoices from 2007, 2008 and 2013 in sup (8) |
| Oct 15, 2021 | 94 | Exhibit Ex. 17 representative quotations from 2007, 2008, 2013, 2014 and 2016 in (37) |
| Oct 15, 2021 | 94 | Exhibit Ex. 18 representative marketing materials used between 2008 and 2013 sho (3) |
| Oct 15, 2021 | 95 | Opposition (30) Docket Text:Opposition to [89] Motion for summary judgment filed by Gerlach, Inc.. (Related document(s) [93], [94]) (Pritchard, Joseph) |
| Oct 13, 2021 | N/A | Order on Motion to exceed page limitations (0) Docket Text:Order [non-document]: The Court GRANTS IN PART the motion for leave to exceed the page limits of the Local Rules (ECF No. [92]). Defendants' motion for summary judgment is 30 pages, which Plaintiff may not exceed in responding. Judge J. Philip Calabrese on 10/13/2021. (Y,A) |
| Oct 8, 2021 | 92 | Motion to exceed page limitations (2) Docket Text:Motion to exceed page limitations for Opposition to Defendants' Motion For Summary Judgment filed by Plaintiff Gerlach, Inc.. (Related document(s) [89], [59]) (Pritchard, Joseph) |
| Sep 28, 2021 | N/A | Order on Motion to Seal Document (0) Docket Text:Order [non-document]: The Court GRANTS Plaintiff's motion to withdraw (ECF No. [74]) (ECF No. [91]) based on Plaintiff's representation that it was inadvertently filed. The Court strikes (ECF No. [74]) from the docket as a filing error. Further, the Court DENIES AS MOOT, without prejudice, Plaintiff's motion to seal certain documents within (ECF No. [74]) (ECF No. [90]). Judge J. Philip Calabrese on 9/28/2021.(Y,A) |
| Sep 27, 2021 | 91 | Response (4) Docket Text:Response to [90] Motion to seal document [74] Appendix PageID #813, 815-820 and Cross-Motion To Withdraw and Seal [74] filed by Gerlach, Inc.. (Pritchard, Joseph) |
| Sep 24, 2021 | 90 | Motion to Seal Document (4) Docket Text:Motion to seal document [74] Appendix PageID #813, 815-820 filed by Gerlach Machinery Corp, Gerlach Maschinenbau GmbH, Troester Machinery Ltd.. Related document(s)[74]. (Lewertoff, Katrin) |
| Sep 17, 2021 | 75 | Main Document (4) Docket Text: Declaration of Katrin Lewertoff in Support of Defendants' Motion for Summary Judgment filed by Gerlach Machinery Corp, Gerlach Maschinenbau GmbH, Troester Machinery Ltd.. (Related document(s) [71], [89]). (Attachments: # (1) Exhibit 1 (agreement entitled Purchase Contract between Gerlach GmbH (Erkelenz) and Gerlach GmbH (Alsdorf) dated September 30, 2006), # (2) Exhibit 2 (English-language translation of Exhibit 1), # (3) Exhibit 3 (agreement entitled Purchase Contract between Mr. Juergen Gerlach and Frings Elektrotechnik + Anlagenbau GmbH dated September 30, 2006), # (4) Exhibit 4 (English-language translation of Exhibit 3), # (5) Exhibit 5 (letter from Mr. Gary Hall, Gerlach Inc., to Mr. Juergen Gerlach, Frings/Gerlach GmbH, Erkelenz, Germany, dated November 27, 2006), # (6) Exhibit 6 (chain of emails including an email from Gary Hall, Gerlach Inc. (garyhall@gerlachinc.com) to Josef Frings (josef.frings@fringsgruppe.de) dated May 24, 2007, an email from Josef Frings (josef.frings@fringsgruppe.de) to Gary Hall dated June 12, 2007, and an email from Gary Hall, Gerlach Inc. (garyhall@gerlachinc.com) to Josef Frings dated June 12, 2007), # (7) Exhibit 7 (letter from Mr. Gary Hall, President, Gerlach Inc., to Mr. Josef Frings, Frings Gruppe/Gerlach GmbH (Alsdorf), dated July 7, 2008), # (8) Exhibit 8 (letter from Agnes Borowsky, Gerlach GmbH (Alsdorf), to Gary Hall, Gerlach Inc., dated May 20, 2009), # (9) Exhibit 9 (agreement entitled Purchase Contract between, on the one hand, Gerlach GmbH (Alsdorf), Frings Elektrotechnik + Anlagenbau GmbH, GID Gesellschaft fur Ingenieurtechnik und Dienstleistungsmanagement mbH, ITD Ingenieurgesellschaft fuer technische Dienstleistungen mbH, and Josef Matthias Frings, and on the other hand, Gerlach Maschinenbau GmbH and Josef L. Rameckers Maschinenfabrik GmbH & Co. KG, dated September 8, 2011), # (10) Exhibit 10 (English-language translation of Exhibit 9), # (11) Exhibit 11 (chain of emails including an email from S Tich (sptich@amtelecom.net) to Reimund Plottnik and garyhall@gerlachinc.com dated September 30, 2011, an email from Reimund Plottnik to S Tich, dated September 30, 2011, and an email from S Tich (sptich@amtelecom.net) to Reimund Plottnik, dated October 1, 2011), # (12) Exhibit 12 (letter and price quote from Gary Hall, Gerlach Inc., dated August 24, 2014), # (13) Exhibit 13 (letter and price quote from Gary Hall, Gerlach Inc., dated October 9, 2014), # (14) Exhibit 14 (price quote from Gary Hall, Gerlach Inc., dated August 3, 2016), # (15) Exhibit 15 (price quote from Gary Hall, Gerlach Inc., dated August 3, 2016), # (16) Exhibit 16 (select pages of the International Elastomer Conference magazine dated October 13, 2015), # (17) Exhibit 17 (Declaration of Juergen Gerlach dated June 12, 2018), # (18) Exhibit 18 (Declaration of Juergen Gerlach dated December 2, 2020), # (19) Exhibit 19 (letter from Juergen Gerlach to Jens Moeckel, Gerlach Maschinenbau GmbH, dated May 3, 2020), # (20) Exhibit 20 (English-language translation of Exhibit 19), # (21) Exhibit 21 (Gerlach, Inc.s Responses to Gerlach Maschinenbau GmbHs First Set of Interrogatories dated July 24, 2020)) (Lewertoff, Katrin) |
| Sep 17, 2021 | 75 | Exhibit Exhibit 1 (agreement entitled Purchase Contract between Gerlach GmbH (Er (22) |
| Sep 17, 2021 | 75 | Exhibit Exhibit 2 (English-language translation of Exhibit 1) (22) |
| Sep 17, 2021 | 75 | Exhibit Exhibit 3 (agreement entitled Purchase Contract between Mr. Juergen Gerl (9) |
| Sep 17, 2021 | 75 | Exhibit Exhibit 4 (English-language translation of Exhibit 3) (9) |
| Sep 17, 2021 | 75 | Exhibit Exhibit 5 (letter from Mr. Gary Hall, Gerlach Inc., to Mr. Juergen Gerla (6) |
| Sep 17, 2021 | 75 | Exhibit Exhibit 6 (chain of emails including an email from Gary Hall, Gerlach In (4) |
| Sep 17, 2021 | 75 | Exhibit Exhibit 7 (letter from Mr. Gary Hall, President, Gerlach Inc., to Mr. Jo (2) |
| Sep 17, 2021 | 75 | Exhibit Exhibit 8 (letter from Agnes Borowsky, Gerlach GmbH (Alsdorf), to Gary H (2) |
| Sep 17, 2021 | 75 | Exhibit Exhibit 9 (agreement entitled Purchase Contract between, on the one hand (16) |
| Sep 17, 2021 | 75 | Exhibit Exhibit 10 (English-language translation of Exhibit 9) (16) |
| Sep 17, 2021 | 75 | Exhibit Exhibit 11 (chain of emails including an email from S Tich (sptich@ (2) |
| Sep 17, 2021 | 75 | Exhibit Exhibit 12 (letter and price quote from Gary Hall, Gerlach Inc., dated A (6) |
| Sep 17, 2021 | 75 | Exhibit Exhibit 13 (letter and price quote from Gary Hall, Gerlach Inc., dated O (7) |
| Sep 17, 2021 | 75 | Exhibit Exhibit 14 (price quote from Gary Hall, Gerlach Inc., dated August 3, 20 (6) |
| Sep 17, 2021 | 75 | Exhibit Exhibit 15 (price quote from Gary Hall, Gerlach Inc., dated August 3, 20 (6) |
| Sep 17, 2021 | 75 | Exhibit Exhibit 16 (select pages of the International Elastomer Conference magaz (4) |
| Sep 17, 2021 | 75 | Exhibit Exhibit 17 (Declaration of Juergen Gerlach dated June 12, 2018) (5) |
| Sep 17, 2021 | 75 | Exhibit Exhibit 18 (Declaration of Juergen Gerlach dated December 2, 2020) (3) |
| Sep 17, 2021 | 75 | Exhibit Exhibit 19 (letter from Juergen Gerlach to Jens Moeckel, Gerlach Maschin (2) |
| Sep 17, 2021 | 75 | Exhibit Exhibit 20 (English-language translation of Exhibit 19) (2) |
| Sep 17, 2021 | 75 | Exhibit Exhibit 21 (Gerlach, Inc.s Responses to Gerlach Maschinenbau GmbHs First (16) |
| Sep 17, 2021 | 76 | Main Document (2) Docket Text: Declaration of Jens Moeckel in Support of Defendants' Motion for Summary Judgment filed by Gerlach Machinery Corp, Gerlach Maschinenbau GmbH, Troester Machinery Ltd.. (Related document(s) [71], [89]). (Attachments: # (1) Exhibit 1 (sales summary for Gerlach GmbH (Erkelenz)'s United States sales 2001-2006), # (2) Exhibit 2 (sales summary for Gerlach GmbH (Alsdorf)'s and Frings Elektrotechnik + Anlagenbau GmbH's United States sales 2006-2010), # (3) Exhibit 3 (sales summary for Gerlach Maschinenbau GmbH's United States sales 2013-2020), # (4) Exhibit 4 (sales summary for Gerlach Machinery Corp.'s United States sales 2016-2020)) (Lewertoff, Katrin) |
| Sep 17, 2021 | 76 | Exhibit 1 (sales summary for Gerlach GmbH (Erkelenz)'s United State (2) |
| Sep 17, 2021 | 76 | Exhibit 2 (sales summary for Gerlach GmbH (Alsdorf)'s and Frings El (5) |
| Sep 17, 2021 | 76 | Exhibit 3 (sales summary for Gerlach Maschinenbau GmbH's United Sta (3) |
| Sep 17, 2021 | 76 | Exhibit 4 (sales summary for Gerlach Machinery Corp.'s United State (5) |
| Sep 17, 2021 | 89 | Motion for summary judgment (30) Docket Text:Motion for summary judgment, with memorandum in support attached, filed by Gerlach Machinery Corp, Gerlach Maschinenbau GmbH, Troester Machinery Ltd. Related document(s)[75], [76]. (Lewertoff, Katrin) |
| Sep 15, 2021 | 71 | Order on Motion for order (6) Docket Text:Opinion and Order: The Court GRANTS IN PART AND PROVISIONALLY DENIES IN PART Plaintiff's motion and supplemental motion to file under seal (ECF No. [68]; ECF No. [69]) and Defendant's motion and supplemental motion to file under seal (ECF No. [67]; ECF No. [70]). Judge J. Philip Calabrese on 9/15/2021.(Y,A) |
| Sep 14, 2021 | 70 | Motion for order (4) Docket Text: Supplemental Motion to File Documents in Support of Motion for Summary Judgment with Redactions and Under Seal filed by Gerlach Machinery Corp, Gerlach Maschinenbau GmbH, Troester Machinery Ltd.. (Seasly, Steven) |
| Sep 11, 2021 | 69 | Motion for leave (3) Docket Text: Supplemental Motion for leave To File Documents In Support of Its Motion for Summary Judgment with Redactions and Under Seal filed by Plaintiff Gerlach, Inc.. (Pritchard, Joseph) |
| Sep 10, 2021 | 67 | Motion for order (6) Docket Text:Motion to file documents in support of Motion for Summary Judgment with redactions and under seal filed by Gerlach Machinery Corp, Gerlach Maschinenbau GmbH, Troester Machinery Ltd.. (Seasly, Steven) |
| Sep 10, 2021 | 68 | Motion for leave (3) Docket Text:Motion for leave To File Documents in Support of a Motion for Summary Judgment with Redactions and Under Seal filed by Plaintiff Gerlach, Inc.. (Pritchard, Joseph) |
| Sep 3, 2021 | 66 | Status Report (2) Docket Text: Joint Status Report filed by Gerlach, Inc.. Related document(s)[59].(Pritchard, Joseph) |
| Aug 18, 2021 | N/A | Minute Order _ Telephone Conference (0) Docket Text:Minute Order [non-document]: The Court held a status conference by telephone on 8/18/2021. Joseph M. Pritchard appeared for Plaintiff. Katrin Lewertoff appeared for Defendant. The parties discussed the case schedule and logistics for the filing of dispositive motions. The Court directs the parties to file a joint appendix, to the extent practicable, in connection with their forthcoming dispositive motions and otherwise directs the parties to the Court's Standing Order for additional guidance on the Court's preferences for exhibits, the record, and sealing of any trade secrets or other confidential information. The Court VACATES the trial date previously set for 2/7/2022 and will set a new trial date, if necessary, after ruling on dispositive motions. The Court converts the final pretrial conference to a status conference to be held by telephone on 1/13/2022 at 1:00 p.m. The Courtroom Deputy will provide dial-in information beforehand. Judge J. Philip Calabrese on 8/18/2021. Time: 25 minutes. (Y,A) |
| Jul 21, 2021 | N/A | Notice of Hearing or Conference (0) Docket Text:IMPORTANT: Notice [non-document]: Telephone Conference set for 8/18/2021 at 03:00 p.m. before Judge J. Philip Calabrese. The Court will provide dial in information prior to the conference. (Y,A) |
| Jul 20, 2021 | 65 | Status Report (2) Docket Text: Joint Status Report filed by Gerlach, Inc.. Related document(s)[59].(Pritchard, Joseph) |
| Jun 4, 2021 | 64 | Status Report (2) Docket Text: Joint Status Report filed by Gerlach, Inc. Related document(s)[59]. (Pritchard, Joseph) |
| Apr 21, 2021 | 63 | Status Report (2) Docket Text: Joint Status Report filed by Gerlach, Inc.. Related document(s)[59].(Pritchard, Joseph) |
| Mar 19, 2021 | N/A | Telephone Conference (0) Docket Text:Minutes of proceedings [non-document] before Judge J. Philip Calabrese. The Court held a status conference by telephone on 3/19/2021. Joseph M. Pritchard appeared for Plaintiff. Katrin Lewertoff appeared for Defendants. The parties discussed the status of the case and Plaintiff raised a number of issues, including possible bifurcation, stipulation to the authenticity of documents, stipulation to the unavailability of witnesses, and amendment to the case management as it relates to dispositive motions. The Court advised the parties to continue to confer on the topics discussed. If the parties are unable to reach agreement and reach an impasse that results in a discovery dispute, they are directed to follow the protocol set forth in the Courts Standing Order. The parties are further directed to stipulate to the authenticity of documents produced in discovery absent a good faith dispute. If the parties agree that mediation would be helpful, they may request the Court's assistance in that process. Otherwise, the parties may continue settlement discussions without the Court's involvement and should continue litigating this matter according to the Second Amended Case Management Plan and Trial Order (ECF No. [59].) Time: 18 minutes. (Y,A) |
| Mar 8, 2021 | 62 | Status Report (2) Docket Text: Joint Status Report filed by Gerlach, Inc.. Related document(s)[59].(Pritchard, Joseph) |
| Mar 4, 2021 | N/A | Order on Motion for extension of time (0) Docket Text:Order [non-document]: The parties appear to have agreed that the deposition of Plaintiff's corporate representative may proceed by 3/22/2021. Pursuant to Paragraph 4.B of the Court's Civil Standing Order, the deposition may go forward notwithstanding the discovery cut-off. Accordingly, Defendant's motion for extension of time (ECF No. [61]) is DENIED AS MOOT. Judge J. Philip Calabrese on 3/4/2021. (Y,A) |
| Mar 3, 2021 | 61 | Main Document (3) Docket Text:Motion for extension of time until March 22, 2021 to take the deposition of Gary Hall or Plaintiff Gerlach, Inc. filed by Defendant Gerlach Maschinenbau GmbH. (Attachments: # (1) Exhibit A - Email exchange re deposition of Gary Hall)(Seasly, Steven) |
| Mar 3, 2021 | 61 | Exhibit A - Email exchange re deposition of Gary Hall (6) |
| Feb 25, 2021 | N/A | Minute Order _ Telephone Conference (0) Docket Text:Minute Order [non-document]: The Court held a status conference by telephone on 2/25/2021. Joseph M. Pritchard appeared for Plaintiff. Katrin Lewertoff appeared for Defendants. The parties discussed the status of the case and the discovery dispute that prompted the conference. Plaintiff seeks to depose a witness from Defendant Gerlach Maschinenbau GmbH in his individual capacity and/or as a corporate representative under Rule 30(b)(6). Defendants are producing the witness, but the parties disagree as to the logistics and location for the deposition in light of the Covid-19 pandemic, German travel restrictions, and applicable international agreements. The parties also disputed whether the witness requires the assistance of an interpreter. Based on the arguments of the parties and the record before the Court, the Court finds that the witness has sufficient contacts with the Northern District sufficiently related to the subject matter of the lawsuit that he is subject to appearing in the District. The Court orders Plaintiff to notice the deposition of the witness from Defendant Garlach Maschinenbau GmbH in his individual capacity and/or as corporate representative under Rule 30(b)(6) to take place in Courtroom 16B of the Carl B. Stoke U.S. Courthouse, 801 West Superior Avenue, Cleveland, Ohio 44113. Under General Order No. 2020-08-05, the use of video conference and teleconference is to continue in civil proceedings to the greatest extent practicable to limit the number of people entering the Courthouse. Therefore, the deposition will proceed using remote technology. With respect to an interpreter, the Court advised that, if the witnesses requests the assistance of an interpreter, he may use one. SO ORDERED. Judge J. Philip Calabrese on 2/25/2021. Time 30 minutes.(Y,A) |
| Feb 17, 2021 | N/A | Notice of Hearing or Conference (0) Docket Text:IMPORTANT: Notice [non-document]: Telephone Conference set for 2/25/2021 at 12:00 PM to be held before Judge J. Philip Calabrese. The Court will email counsel the conference line dial-in information prior to the call. (Y,A) |
| Jan 21, 2021 | 60 | Status Report (2) Docket Text: Joint Status Report filed by Gerlach, Inc. Related document(s)[59].(Pritchard, Joseph) |
| Dec 10, 2020 | N/A | Reassignment of Case - Creation of Calabrese Docket (0) Docket Text: Order (non-document) of case reassignment to Judge J. Philip Calabrese pursuant to General Order 2020-27. Chief Judge Patricia A. Gaughan on December 7, 2020. (M,MT) |
| Dec 7, 2020 | 59 | Main Document (9) Docket Text:Second Amended Case Management Plan and Trial Order. Case is assigned to the Standard Track; Deadline to add parties or amend pleadings Passed; Deadline for completing fact discovery 3/4/2021; The parties have agreed to a method for conducting discovery of electronically-stored information; Deadline for party with burden of proof to identify experts and provide reports 4/19/2021; Deadline to identify rebuttal experts and provide reports 6/7/2021; Deadline for completing expert discovery 8/2/2021; Deadline for filing dispositive motions 9/17/2021; Deadline for filing oppositions to motions 10/15/2021; Deadline for filing replies to responses 10/29/2021; Telephonic Status Conference set for 3/19/2021 at 12:00 p.m.; Final Pretrial Conference set for 1/13/2022 at 1:00 p.m. in Courtroom 530; Jury Trial set on two week standby period beginning 2/7/2022 at 8:00 a.m. in Courtroom 530. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 12/7/2020. (Attachments: # (1) Appendix A - Final Pretrial Order, # (2) Appendix B - Exhibit List, # (3) Appendix C - Witness List) (E,CK) |
| Dec 7, 2020 | 59 | Appendix A - Final Pretrial Order (3) |
| Dec 7, 2020 | 59 | Appendix B - Exhibit List (1) |
| Dec 7, 2020 | 59 | Appendix C - Witness List (1) |
| Dec 3, 2020 | N/A | Order on Motion to extend deadlines (0) Docket Text:Order [non-document] granting the parties' joint motion for a 90-day extension of the dates and deadlines in the first amended case management plan and trial order. (Doc. No. [58].) No further extensions will be granted. A second amended case management plan and trial order will be separately published. Judge Sara Lioi on 12/3/2020. (E,CK) |
| Nov 30, 2020 | N/A | ADR Administrator received Mediation report (0) Docket Text: Final Mediation Report filed manually with Alternative Dispute Resolution (ADR) Department. James K. Roosa, 3723 Pearl Road, Ste 200, Cleveland, Ohio 44109, served as Mediator in the within case. Mediation Conference was held on November 17, 2020 and November 19, 2020, and as a result, the Mediation process is complete. The case did not settle. ADR Disposition Code: 8. Future ADR:N/A. (B,AL) |
| Nov 25, 2020 | 58 | Main Document (2) Docket Text: Joint Motion for extension of All dates listed in First Amended Case Management Plan and Trial Order for 90 days filed by Plaintiff Gerlach, Inc.. (Related document(s) [46]). (Attachments: # (1) Proposed Order) (Pritchard, Joseph) |
| Nov 25, 2020 | 58 | Proposed Order Proposed Order (1) |
| Nov 13, 2020 | 57 | Notice (1) Docket Text: Notice of Mediation filed by James K Roosa. (Roosa, James) |
| Oct 23, 2020 | 56 | Status Report (2) Docket Text: Joint Status Report filed by Gerlach, Inc.. Related document(s)[36].(Pritchard, Joseph) |
| Oct 15, 2020 | 53 | Neutral conflict response (1) Docket Text: Notice received from Third potential neutral regarding conflict. Neutral available: Yes. Related document(s)[51]. (B,AL) |
| Oct 15, 2020 | 54 | Neutral conflict response (1) Docket Text: Notice received from First potential neutral regarding conflict. Neutral available: Yes. Related document(s)[51]. (B,AL) |
| Oct 15, 2020 | 55 | Main Document (5) Docket Text: Notice of Designation of Mediator. Mediator to schedule the Mediation Conference and file an electronic notice setting forth the date, time and location of the Mediation. Designated Mediator: James K. Roosa. ADR Hearing to be scheduled on or before 11/25/2020. Report of Mediator Form to be manually filed with the ADR Department no later than 11/25/2020. Report of Mediator Form is attached to the Notice of Designation. Related document(s)[48]. (Attachments: # (1) Report of Mediator Form)(B,AL) |
| Oct 15, 2020 | 55 | Report of Mediator Form (8) |
| Oct 8, 2020 | 52 | Neutral conflict response (1) Docket Text: Notice received from Second potential neutral regarding conflict. Neutral available: Yes. Related document(s)[51]. (B,AL) |
| Oct 6, 2020 | 51 | Main Document (3) Docket Text: Notice sent to potential neutrals regarding conflict check. Neutral Response Form due by 10/13/2020. Related document(s)[50]. (Attachments: # (1) Neutral Response Form)(B,AL) |
| Oct 6, 2020 | 51 | Neutral Response Form (1) |
| Oct 5, 2020 | 50 | Agreed Mediation Ranking Sheet filed (3) Docket Text: Agreed Mediation Ranking Information Sheet Filed by Gerlach, Inc.(Related document(s) [49] Notice of Referral to ENE/Mediation - List of potential neutrals sent to parties )(Pritchard, Joseph) |
| Sep 29, 2020 | 49 | Main Document (2) Docket Text: Notice of Referral to Mediation. List of potential neutrals sent to parties. Agreed Mediation Ranking Sheet due by 10/6/2020. Related document(s)[48]. (Attachments: # (1) Agreed Mediation Ranking Sheet, # (2) List of Potential Neutrals)(B,AL) |
| Sep 29, 2020 | 49 | Agreed Mediation Ranking Sheet (2) |
| Sep 29, 2020 | 49 | List of Potential Neutrals (2) |
| Sep 28, 2020 | 48 | Order (1) Docket Text:Order: For the reasons set forth within, the parties' joint [47] motion to be referred to mediation is granted. This case is hereby referred to mediation pursuant to LR 16.6(a), et seq. This action involves issues of alleged trademark infringement, and the parties have requested a mediator with the requisite trademark experience. If possible, the Court requests that the mediation be completed by November 25, 2020. Judge Sara Lioi on 9/28/2020. (E,CK) |
| Sep 23, 2020 | 47 | Main Document (2) Docket Text: Joint Motion for Referral to Mediation filed by Plaintiff Gerlach, Inc.. Related document(s)[36]. (Attachments: # (1) Proposed Order on Joint Motion)(Pritchard, Joseph) |
| Sep 23, 2020 | 47 | Proposed Order on Joint Motion (1) |
| Sep 8, 2020 | N/A | Order on Motion to extend deadlines (0) Docket Text:Order [non-document] granting [45] joint Motion to Extend Deadlines; a first amended case management plan and trial order will issue separately. Judge Sara Lioi on 9/8/2020. (D,S) |
| Sep 8, 2020 | 46 | Main Document (9) Docket Text:First Amended Case Management Plan and Trial Order. Case is assigned to the Standard Track; Deadline to add parties or amend pleadings 7/3/2020; Deadline for completing fact discovery 12/4/2020; The parties have agreed to follow the default standard for discovery of electronically-stored information; Deadline for party with burden of proof to identify experts and provide reports 1/15/2021; Deadline to identify rebuttal experts and provide reports 3/8/2021; Deadline for completing expert discovery 5/3/2021; Deadline for filing dispositive motions 6/18/2021; Deadline for filing oppositions to motions 7/16/2021; Deadline for filing replies to responses 7/30/2021; Status Conference set for 12/15/2020 at 11:00 a.m.; Final Pretrial Conference set for 10/14/2021 at 1:00 p.m.; Jury Trial set on two week standby period beginning 11/8/2021 at 8:00 a.m. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 9/8/2020. (Attachments: # (1) Appendix A - Final Pretrial Order, # (2) Appendix B - Exhibit List, # (3) Appendix C - Witness List) (D,S) |
| Sep 8, 2020 | 46 | Appendix A - Final Pretrial Order (3) |
| Sep 8, 2020 | 46 | Appendix B - Exhibit List (1) |
| Sep 8, 2020 | 46 | Appendix C - Witness List (1) |
| Sep 3, 2020 | 45 | Motion for extension of time (other) (3) Docket Text: Joint Motion for extension of All dates listed in Case Management Schedule for 60 days filed by Plaintiff Gerlach, Inc.. Related document(s)[36]. (Pritchard, Joseph) |
| Aug 31, 2020 | 44 | Status Report (2) Docket Text: Joint Status Report filed by Gerlach, Inc.. Related document(s)[36].(Pritchard, Joseph) |
| Aug 6, 2020 | 42 | Answer to Amended Complaint (24) Docket Text:Answer and Affirmative Defenses to [38] Stipulated First Amended complaint, filed by Gerlach Machinery Corp, Gerlach Maschinenbau GmbH. (Seasly, Steven) |
| Aug 6, 2020 | 43 | Answer to Amended Complaint (22) Docket Text:Answer and affirmative defenses to [38] Stipulated First Amended complaint, with jury trial demanded filed by Troester Machinery Ltd.. (Seasly, Steven) |
| Jul 29, 2020 | 41 | Waiver of Service Executed (3) Docket Text: Waiver of Service Returned Executed by Gerlach Machinery Corp, Gerlach Maschinenbau GmbH. Troester Machinery Ltd. waiver sent on 7/16/2020, answer due 9/14/2020 filed on behalf of Gerlach Machinery Corp; Gerlach Maschinenbau GmbH (Seasly, Steven) |
| Jul 20, 2020 | 40 | Summons Issued (2) Docket Text: Original Summons issued to counsel for service upon Gerlach Machinery Corp. (P,G) |
| Jul 17, 2020 | 39 | Status Report (2) Docket Text: Joint Status Report filed by Gerlach, Inc.. Related document(s)[36].(Pritchard, Joseph) |
| Jul 16, 2020 | 38 | Main Document (22) Docket Text: Stipulated First Amended complaint against Gerlach Maschinenbau GmbH, Troester Machinery Ltd. and adding new party defendant(s) Gerlach Machinery Corp.. Filed by Gerlach, Inc.. (Attachments: # (1) Errata Certificate of Service, # (2) Exhibit A Plaintiff Website, # (3) Exhibit B TTAB Docket, # (4) Exhibit C Defendant GMG Website, # (5) Errata AO 120, # (6) Summons to Defendant GMC) (Pritchard, Joseph) |
| Jul 16, 2020 | 38 | Errata Certificate of Service (1) |
| Jul 16, 2020 | 38 | Exhibit A Plaintiff Website (3) |
| Jul 16, 2020 | 38 | Exhibit B TTAB Docket (2) |
| Jul 16, 2020 | 38 | Exhibit C Defendant GMG Website (14) |
| Jul 16, 2020 | 38 | Errata AO 120 (1) |
| Jul 16, 2020 | 38 | Summons to Defendant GMC (2) |
| Jul 10, 2020 | N/A | Order on Motion to amend complaint (0) Docket Text:Order [non-document] ]: Granting plaintiff's [37] stipulated motion for leave to file first amended complaint. Because plaintiff received "the opposing partys written consent" to file an amended complaint, leave of Court is not required. See Fed. R. Civ. P. 15(a)(2). Nevertheless, plaintiff may file an amended complaint, including any attachments or documents related thereto, on or before July 17, 2020. Judge Sara Lioi on 7/10/2020. (E,CK) |
| Jul 2, 2020 | 37 | Main Document (2) Docket Text: Stipulated Motion to amend complaint and join Gerlach Machinery Corp. as defendant filed by Plaintiff Gerlach, Inc.. Related document(s)[36]. (Attachments: # (1) Stipulated First Amended Complaint)(Pritchard, Joseph) |
| Jul 2, 2020 | 37 | Complaint Stipulated First Amended Complaint (22) |
| Jun 2, 2020 | N/A | Order on Motion to Appear Pro Hac (0) Docket Text:Order [non-document] granting defendants' [31] Motion for appearance pro hac vice by attorney Edmund J. Ferdinand, III for Gerlach Maschinenbau GmbH and Troester Machinery Ltd.. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Sara Lioi on 6/2/2020. (E,CK) |
| Jun 2, 2020 | N/A | Order on Motion to Appear Pro Hac (0) Docket Text:Order [non-document]: Granting defendants' [32] Motion for appearance pro hac vice by attorney Katrin Lewertoff for Gerlach Maschinenbau GmbH and Troester Machinery Ltd. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Sara Lioi on 6/2/2020. (E,CK) |
| Jun 2, 2020 | N/A | Case Management Conference (0) Docket Text:Minutes of proceedings [non-document]: On 6/2/2020, the Court conducted a telephonic case management conference. Attorney Joseph M. Pritchard, IV participated on behalf of plaintiff and Attorneys Edmund J. Ferdinand, III and Katrin Lewertoff participated on behalf of defendants. The Court discussed the dates and deadlines that will appear in the Court's case management plan and trial order. The parties expressed interest in engaging in mediation after conducting limited discovery. The Court informed counsel that their preferred mediator, Magistrate Judge Limbert, will be retiring soon but may still be available to conduct mediations. The parties will notify the Court if/when mediation is appropriate. Counsel for plaintiff notified the Court that he may request permission to exceed the 25-interrogatory limit. The Court requested that the parties attempt to work through any discovery issues amongst themselves first (as the local rules require) and, if they are unable to resolve the issues, to follow the local rules for bringing discovery disputes to the Court. The parties were reminded of their obligation to file 45-day reports. (Court Reporter: None.) (Time: 15 minutes.) (D,S) |
| Jun 2, 2020 | 35 | Preliminary Estimate/Budget of Amount of Fees and Expenses (3) Docket Text: Preliminary Estimate/Budget of Amount of Fees and Expenses filed by All Defendants. (Seasly, Steven) |
| Jun 2, 2020 | 36 | Main Document (9) Docket Text:Case Management Plan and Trial Order. Case is assigned to the Standard Track; Deadline to add parties or amend pleadings 7/3/2020; Deadline for completing non-expert discovery 10/2/2020; The parties have agreed to follow the default standard for discovery of electronically-stored information; Deadline for party with burden of proof to identify experts and provide reports 11/13/2020; Deadline to identify rebuttal experts and provide reports 1/4/2021; Deadline for completing expert discovery 3/1/2021; Deadline for filing dispositive motions 4/16/2021; Deadline for filing oppositions to motions 5/14/2021; Deadline for filing replies to responses 5/28/2021; Status Conference set for 10/8/2020 at 11:00 a.m.; Final Pretrial Conference set for 10/5/2021 at 1:00 p.m.; Jury Trial set on two week standby period beginning 10/25/2021 at 8:00 a.m. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 6/2/2020. (Attachments: # (1) Appendix A - Final Pretrial Order, # (2) Appendix B - Exhibit List, # (3) Appendix C - Witness List) (D,S) |
| Jun 2, 2020 | 36 | Appendix A - Final Pretrial Order (3) |
| Jun 2, 2020 | 36 | Appendix B - Exhibit List (1) |
| Jun 2, 2020 | 36 | Appendix C - Witness List (1) |
| Jun 1, 2020 | 31 | Main Document (3) Docket Text:Motion for attorney Edmund J. Ferdinand, III to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10012998, filed by Gerlach Maschinenbau GmbH, Troester Machinery Ltd.. (Attachments: # (1) Exhibit Declaration of Edmund J. Ferdinand, III, # (2) Exhibit Proposed Order)(Seasly, Steven) |
| Jun 1, 2020 | 31 | Exhibit Declaration of Edmund J. Ferdinand, III (3) |
| Jun 1, 2020 | 31 | Exhibit Proposed Order (2) |
| Jun 1, 2020 | 32 | Main Document (3) Docket Text:Motion for attorney Katrin Lewertoff to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10013007, filed by Gerlach Maschinenbau GmbH, Troester Machinery Ltd.. (Attachments: # (1) Exhibit Declaration of Katrin Lewertoff, # (2) Exhibit Proposed Order)(Seasly, Steven) |
| Jun 1, 2020 | 32 | Exhibit Declaration of Katrin Lewertoff (3) |
| Jun 1, 2020 | 32 | Exhibit Proposed Order (2) |
| Jun 1, 2020 | 33 | Protective Order (12) Docket Text: Stipulated Protective Order regarding confidential documents. Judge Sara Lioi on 6/1/2020. (E,CK) |
| Jun 1, 2020 | 34 | Preliminary Estimate/Budget of Amount of Fees and Expenses (3) Docket Text: Preliminary Estimate/Budget of Amount of Fees and Expenses filed by Gerlach, Inc.. Related document(s)[28].(Pritchard, Joseph) |
| May 29, 2020 | N/A | Notice Regarding Attorney Admission Status (0) Docket Text:Notice to Attorney Edmund J. Ferdinand, III. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (O,K) |
| May 29, 2020 | N/A | Notice Regarding Attorney Admission Status (0) Docket Text:Notice to Attorney Katrin Lewertoff. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (O,K) |
| May 28, 2020 | 29 | Motion for protective order (15) Docket Text: Proposed Stipulated for protective order filed by Plaintiff Gerlach, Inc.. Related document(s)[28]. (Pritchard, Joseph) |
| May 28, 2020 | 30 | Report of Parties' Planning Meeting (5) Docket Text: Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Gerlach, Inc.. Related document(s)[28].(Pritchard, Joseph) |
| Apr 16, 2020 | 28 | Main Document (5) Docket Text:Case Management Conference Scheduling Order: Telephone case management conference, with counsel only, to be held on 6/2/2020 at 11:00 a.m. before Judge Sara Lioi. The telephone conference will be initiated by plaintiff's counsel. After all counsel are on line, plaintiff's counsel is to place the call to the Chambers of the Honorable Sara Lioi at (330) 252-6060. The disclosures mandated by Fed. R. Civ. P. 26(a) will all apply. Plaintiff must serve on opposing parties the initial disclosures by 5/12/2020. All other parties must serve on opposing parties the initial disclosures by 5/19/2020. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 4/16/2020. (Attachments: # (1) Report of Parties' Planning Meeting) (E,CK) |
| Apr 16, 2020 | 28 | Report of Parties' Planning Meeting (3) |
| Apr 13, 2020 | 27 | Answer to Complaint (24) Docket Text:Answer to [1] Complaint, with Jury Demand filed by Gerlach Maschinenbau GmbH. (Seasly, Steven) |
| Mar 20, 2020 | 25 | Sur-Reply (3) Docket Text:Sur-Reply to [22] Motion for extension of time until April 13, 2020 to (1) Respond to Motion for leave to Serve Defendant GMG by Alternative Service of Process and (2) Answer or Otherwise Respond to Notice of Opposition filed by Gerlach, Inc.. (Pritchard, Joseph) |
| Mar 20, 2020 | 26 | Order on Motion for leave (2) Docket Text:Order : Plaintiff's motion for leave to serve defendant Gerlach Maschinenbau GMBH is moot, as plaintiff is withdrawing this motion (Related document [19]); defendant Gerlach Maschinenbau GMBH's motion for an extension of time is granted until 4/13/2020 (Related document [22]). Signed by Magistrate Judge George J. Limbert on 3/20/2020.(S,AA) |
| Mar 19, 2020 | 24 | Brief (6) Docket Text: Reply Brief in Support of Its Motion for Extension of Time to (1) Respond to Plaintiffs Motion for Leave to Serve GMG by Alternative Service of Process and (2) Answer or Otherwise Respond to Plaintiffs Notice of Opposition filed by All Defendants. Related document(s)[23], [19]. (Seasly, Steven) |
| Mar 16, 2020 | N/A | Order referring motion to Magistrate Judge (0) Docket Text:Order [non-document] referring [22] Motion for extension of time until April 13, 2020 to (1) Respond to Motion for leave to Serve Defendant GMG by Alternative Service of Process and (2) Answer or Otherwise Respond to Notice of Opposition and referring [19] Motion for leave to Serve Defendant GMG by Alternative Service of Process to Magistrate Judge George J. Limbert for disposition. Judge Sara Lioi on 3/16/2020. (E,CK) |
| Mar 12, 2020 | 23 | Main Document (9) Docket Text:Opposition to [22] Motion for extension of time until April 13, 2020 to (1) Respond to Motion for leave to Serve Defendant GMG by Alternative Service of Process and (2) Answer or Otherwise Respond to Notice of Opposition filed by Gerlach, Inc.. (Attachments: # (1) Affidavit Pritchard Declaration in support of opposition)(Pritchard, Joseph) |
| Mar 12, 2020 | 23 | Affidavit Pritchard Declaration in support of opposition (46) |
| Mar 11, 2020 | 22 | Motion for extension of time (other) (3) Docket Text:Motion for extension of time until April 13, 2020 to (1) Respond to Motion for leave to Serve Defendant GMG by Alternative Service of Process and (2) Answer or Otherwise Respond to Notice of Opposition filed by Gerlach Maschinenbau GmbH, Troester Machinery Ltd.. Related document(s)[19]. (Seasly, Steven) |
| Mar 6, 2020 | 21 | Return of Service Executed (2) Docket Text: Return of Service by Clerk by certified mail executed upon Gerlach Maschinenbau GmbH (c/o Mr. Michael Neubauer) on 3/3/2020, filed on behalf of Gerlach, Inc. Related documents [2] and [18]. (W,K) |
| Mar 4, 2020 | 20 | Return of Service Executed (2) Docket Text: Return of Service by Clerk by certified mail executed upon Gerlach Maschinenbau GmbH on 2/28/2020, filed on behalf of Gerlach, Inc. (S,Ke) |
| Feb 27, 2020 | 19 | Main Document (5) Docket Text:Motion for leave to Serve Defendant GMG by Alternative Service of Process filed by Plaintiff Gerlach, Inc. (Attachments: # (1) Memorandum in Support of Motion, # (2) Proposed Order, # (3) Declaration of Pritchard in support of Memoradum)(Pritchard, Joseph) |
| Feb 27, 2020 | 19 | Memorandum in Support of Motion (9) |
| Feb 27, 2020 | 19 | Proposed Order (2) |
| Feb 27, 2020 | 19 | Declaration of Pritchard in support of Memoradum (40) |
| Feb 24, 2020 | N/A | Service by Clerk (0) Docket Text: Service by Clerk. Summons and Complaint addressed to Gerlach Maschinenbau GmbH (c/o Gerlach Machinery Corp) Receipt # 7018 1830 0001 8358 6924 and to Gerlach Maschinenbau GmbH (c/o Mr. Michael Neubauer) Reciept # 7018 1830 0001 8358 6955 placed in U.S. Mail. Type of service: Certified Mail. (W,K) |
| Feb 21, 2020 | 18 | Summons Issued (4) Docket Text: Alias Summons issued to counsel for service upon Gerlach Maschinenbau GmbH. (W,K) |
| Feb 20, 2020 | 16 | Main Document (1) Docket Text: Praecipe for issuance of Alias Summons filed by Gerlach, Inc.. (Attachments: # (1) Alias Summons for GMG co Neubauer GMC)(Pritchard, Joseph) |
| Feb 20, 2020 | 16 | Summons Alias Summons for GMG co Neubauer GMC (2) |
| Feb 20, 2020 | 17 | Main Document (1) Docket Text: Praecipe for issuance of Alias Summons filed by Gerlach, Inc. (Attachments: # (1) Alias Summons for GMG co GMC)(Pritchard, Joseph) |
| Feb 20, 2020 | 17 | Summons Alias Summons for GMG co GMC (2) |
| Feb 4, 2020 | N/A | Last Notice re NextGen (0) Docket Text:LAST NOTICE: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. In order to complete our final transition to NextGen, CM/ECF will be offline starting at 12:00 noon on Friday, February 7, 2020, through 11:59 p.m. Sunday, February 9, 2020. Pursuant to General Order 2020-02, we have established an email box, nextgenfilings@ohnd.uscourts.gov, for submitting documents to be filed during this period. Preparing for NextGen is a two-step process. Step one was to obtain or upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your OHND e-filing account in the NextGen CM/ECF system on or after February 10, 2020. Linking Instructions. You will be unable to e-file until the accounts are linked. If you have any additional questions, please call the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) |
| Jan 10, 2020 | N/A | Notice re NextGen (0) Docket Text:IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found on the court's website. Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking here. If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) |
| Jan 10, 2020 | 15 | Order on Motion to strike (13) Docket Text:Order: Defendant Gerlach Maschinenbau GMBH's converted Rule 12(b)(5) motion to dismiss is granted in part and denied in part; the Court finds that plaintiff's service of the complaint and summons upon defendant Gerlach Maschinenbau GMBH was not proper, but defendant Gerlach Maschinenbau GMBH's request to dismiss plaintiff's complaint against it is denied; in the interests of justice and in the Court's discretion, plaintiff is granted 90 days in which to effectuate proper service of process upon defendant Gerlach Maschinenbau GMBH; plaintiff is cautioned that if service is not properly effectuated against defendant Gerlach Maschinenbau GMBH this second time, the action against defendant Gerlach Maschinenbau GMBH may be dismissed with prejudice (Related documents # [8] and # [10]). Signed by Magistrate Judge George J. Limbert on 1/10/2020.(S,AA) |
| Dec 23, 2019 | N/A | Motion Hearing (0) Docket Text:Minutes of proceedings[non-document] before Magistrate Judge George J. Limbert; conference held on 12/23/2019 regarding defendants Gerlach Maschinenbau GmbH and Troester Machinery Ltd's motion to strike return of service (Related documents [8] and [11]); Joseph M. Pritchard, IV was present as counsel for plaintiff, and Steven E. Seasly was present as counsel for defendants; (Court Reporter: None); Time: 1 hour 15 minutes. (S,AA) |
| Dec 13, 2019 | N/A | Order on Motion for Oral Argument (0) Docket Text:Order [non-document]: granting plaintiff's motion for oral argument on defendants' motion to strike return of service (Related Doc # [11]). Approved by Magistrate Judge George J. Limbert on 12/13/2019.(S,AA) |
| Dec 13, 2019 | 14 | Order (1) Docket Text:Order: Pursuant to the agreement of counsel, a hearing/conference upon defendants Gerlach Maschinenbau GmbH and Troester Machinery Ltd.'s motion to strike return of service is scheduled before Magistrate Judge George J. Limbert on 12/23/2019 at 1:00 p.m.; the appearance of counsel shall be required (Related document [8]). Signed by Magistrate Judge George J. Limbert on 12/13/2019. (S,AA) |
| Dec 11, 2019 | 13 | Main Document (2) Docket Text: Notice of Replacement Declaration filed by All Defendants. (Attachments: # (1) Affidavit of Jens Moeckel)Related document(s)[8].(Seasly, Steven) |
| Dec 11, 2019 | 13 | Affidavit of Jens Moeckel (2) |
| Dec 10, 2019 | N/A | Order referring motion to Magistrate Judge (0) Docket Text:Order [non-document] referring [8] Motion to strike Return of Service filed by defendant Gerlach Maschinenbau GmbH and [11] Motion for oral argument filed by plaintiff Gerlach, Inc. to Magistrate Judge George J. Limbert for disposition. Judge Sara Lioi on 12/10/2019. (D,N) |
| Dec 9, 2019 | 12 | Opposition (2) Docket Text:Opposition to [11] Motion for oral argument on Motion to Strike Return of Service filed by All Defendants. (Seasly, Steven) |
| Nov 25, 2019 | 11 | Main Document (2) Docket Text:Motion for oral argument on Motion to Strike Return of Service filed by Plaintiff Gerlach, Inc.. Related document(s)[8], [9], [10]. (Attachments: # (1) Proposed Order on Request for Oral Argument)(Pritchard, Joseph) |
| Nov 25, 2019 | 11 | Proposed Order Proposed Order on Request for Oral Argument (1) |
| Nov 18, 2019 | 10 | Main Document (8) Docket Text:Reply in support of [8] Motion to strike Return of Service filed by All Defendants. (Attachments: # (1) Exhibit A - Axel Backes business cards, # (2) Affidavit of Jens Moeckel, # (3) Affidavit of Axel Backes)(Seasly, Steven) |
| Nov 18, 2019 | 10 | Exhibit Exh. A - Axel Backes business cards (1) |
| Nov 18, 2019 | 10 | Affidavit of Jens Moeckel (3) |
| Nov 18, 2019 | 10 | Affidavit of Axel Backes (3) |
| Nov 11, 2019 | 9 | Main Document (8) Docket Text:Response to [8] Motion to strike Return of Service filed by Gerlach, Inc.. (Attachments: # (1) Affidavit Declaration and Exhibit in Support of Response)(Pritchard, Joseph) |
| Nov 11, 2019 | 9 | Affidavit Declaration and Exhibit in Support of Response (3) |
| Oct 28, 2019 | 8 | Main Document (5) Docket Text:Motion to strike Return of Service filed by Gerlach Maschinenbau GmbH, Troester Machinery Ltd.. Related document(s)[7]. (Attachments: # (1) Affidavit of Jens Moeckel)(Seasly, Steven) |
| Oct 28, 2019 | 8 | Affidavit of Jens Moeckel (2) |
| Oct 9, 2019 | 7 | Return of Service Executed (5) Docket Text: Return of Service by personal service upon employee of Gerlach Maschinenbau GmbH within the District executed upon Gerlach Maschinenbau GmbH on 10/8/2019, filed on behalf of Gerlach, Inc. (Pritchard, Joseph) |
| Sep 23, 2019 | 6 | Answer to Complaint (20) Docket Text:Answer to [1] Complaint, with Jury Demand filed by Troester Machinery Ltd.. (Seasly, Steven) |
| Sep 13, 2019 | 5 | Waiver of Service Executed (2) Docket Text: Waiver of Service Returned Executed by Gerlach, Inc.. Zachary T. Boaz, President & CEO Troester Machinery Ltd. waiver sent on 7/24/2019, answer due 9/23/2019 filed on behalf of Gerlach, Inc. (Pritchard, Joseph) Modified text on 10/8/2019 (O,K). |
| Aug 11, 2019 | 4 | Main Document (10) Docket Text: Initial Standing Order. Judge Sara Lioi on 8/11/2019. (Attachments: # (1) Exhibit List, # (2) Witness List)(D,N) |
| Aug 11, 2019 | 4 | Exhibit List (1) |
| Aug 11, 2019 | 4 | Witness List (1) |
| Jul 16, 2019 | 3 | Corporate Disclosure Statement (1) Docket Text: Corporate Disclosure Statement filed by Gerlach, Inc.. (Pritchard, Joseph) |
| Jul 15, 2019 | N/A | Utility Event (0) Docket Text: Judge Sara Lioi assigned to case. (M,TL) |
| Jul 15, 2019 | N/A | Random Assignment of Magistrate Judge (0) Docket Text: Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge George J. Limbert. (M,TL) |
| Jul 15, 2019 | N/A | Notice of Failure to File Corporate Disclosure Statement (0) Docket Text: Notice by Clerk that Gerlach, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (M,TL) |
| Jul 15, 2019 | 2 | Main Document (4) Docket Text: Original Summons and Magistrate Consent Form issued for service upon Gerlach Maschinenbau GmbH, Troester Machinery Ltd. (Attachments: # (1) Magistrate Consent Form) (M,TL) |
| Jul 15, 2019 | 2 | Magistrate Consent Form (2) |
| Jul 13, 2019 | 1 | Main Document (21) Docket Text:Complaint with jury demand against Gerlach Maschinenbau GmbH, Troester Machinery Ltd. Filing fee paid $ 400, receipt number 0647-9414897, filed by Gerlach, Inc. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Civil Cover Sheet, # (5) Errata AO 120, # (6) Summons , # (7) Summons ) (Pritchard, Joseph) |
| Jul 13, 2019 | 1 | Exhibit Exhibit A (3) |
| Jul 13, 2019 | 1 | Exhibit Exhibit B (2) |
| Jul 13, 2019 | 1 | Exhibit Exhibit C (14) |
| Jul 13, 2019 | 1 | Civil Cover Sheet Civil Cover Sheet (2) |
| Jul 13, 2019 | 1 | Errata AO 120 (1) |
| Jul 13, 2019 | 1 | Summons Summons to Def. 1 (2) |
| Jul 13, 2019 | 1 | Summons Summons to Def 2 (2) |
