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Case number 1:21-cv-06303

Headwaters, Inc. v. The Partnerships And Unincorporated Associations Identified On Schedule A, > Documents

Date Field Doc. No.Description (Pages)
Mar 12, 2022 1 Amended Complaint* (1)
Feb 28, 2022 1 Amended Complaint* (1)
Nov 24, 2021 1 Complaint* (1)
Nov 24, 2021 N/A clerk's notice (0)
Docket Text: CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (jj, ) Filed & Entered: 11/24/2021 case assigned Docket Text: CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (jj, ) 1 Filed & Entered: 11/24/2021 complaint Docket Text: COMPLAINT filed by Headwaters, Inc.; Jury Demand. Filing fee $ 402, receipt number 0752-18906452. (Attachments: # (1) Exhibit Ex 1 - Schedule A Redacted, # (2) Exhibit Ex 2 - 053 Patent, # (3) Exhibit Ex 3 - 895 Patent)(Misterovich, Eric) 2 Filed & Entered: 11/24/2021 sealed document Docket Text: EXHIBIT Schedule A by Plaintiff Headwaters, Inc. Ex 1 - Schedule A (Misterovich, Eric) Modified on 2/8/2022 (ph, ). 3 Filed & Entered: 11/24/2021 civil cover sheet Docket Text: CIVIL Cover Sheet (Misterovich, Eric) 4 Filed & Entered: 11/24/2021 attorney appearance Docket Text: ATTORNEY Appearance for Plaintiff Headwaters, Inc. by Eric William Misterovich (Misterovich, Eric) 5 Filed & Entered: 11/29/2021 Patent/Trademark report Docket Text: MAILED Patent report to Patent Trademark Office, Alexandria VA. (nsf, ) 6 Filed & Entered: 12/13/2021Terminated: 12/14/2021 motion to seal Docket Text: MOTION by Plaintiff Headwaters, Inc. to seal (Misterovich, Eric) 7 Filed & Entered: 12/13/2021Terminated: 12/29/2021 motion for temporary restraining order Docket Text: MOTION by Plaintiff Headwaters, Inc. for temporary restraining order (Misterovich, Eric) 8 Filed & Entered: 12/13/2021 memorandum in support of motion Docket Text: MEMORANDUM by Headwaters, Inc. in support of motion for temporary restraining order[7] (Attachments: # (1) Exhibit Ex A - Anderson Declaration, # (2) Exhibit Ex B - AirTamer Products, # (3) Exhibit Ex C - Patents, # (4) Exhibit Unpublished cases, # (5) Exhibit Exhibit F - Rounds Declaration)(Misterovich, Eric) 9 Filed & Entered: 12/13/2021 sealed document Docket Text: EXHIBIT by Plaintiff Headwaters, Inc. Ex D to Memo in Support of TRO Motion (Misterovich, Eric) Modified on 2/8/2022 (ph, ). 10 Filed & Entered: 12/13/2021 sealed document Docket Text: EXHIBIT by Plaintiff Headwaters, Inc. Ex E to Memo in Support of TRO Motion (Misterovich, Eric) Modified on 2/8/2022 (ph, ). 11 Filed & Entered: 12/13/2021Terminated: 12/29/2021 motion for miscellaneous relief Docket Text: MOTION by Plaintiff Headwaters, Inc.Electronic Service (Misterovich, Eric) 12 Filed & Entered: 12/13/2021 memorandum in support of motion Docket Text: MEMORANDUM by Headwaters, Inc. in support of motion for miscellaneous relief[11] (Attachments: # (1) Exhibit Misterovich Declaration, # (2) Exhibit Ex 1 to Misterovich Declaration, # (3) Exhibit Ex 2 to Misterovich Declaration, # (4) Exhibit Ex 3 to Misterovich Declaration)(Misterovich, Eric) 13 Filed & Entered: 12/14/2021 order on motion to seal Docket Text: MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's motion to seal [6] but takes the other motions [7], [11] under advisement. Plaintiff has sued nine sellers and nine online marketplaces alleging patent infringement, see [1], [2] and seeks a temporary restraining order to enjoin, inter alia, any further sales of unauthorized products. But this joinder of all Defendants in a single suit appears to run afoul of 35 U.S.C. § 299. The statute provides that "parties that are accused infringers may be joined in one action as defendants... only if-- (1) any right to relief is asserted against the parties jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences relating to the making, using, importing into the United States, offering for sale, or selling of the same accused product or process; and (2) questions of fact common to all defendants or counterclaim defendants will arise in the action. Id. § 299(a). The statute specifically provides that "accused infringers may not be joined in one action as defendants... based solely on allegations that they each have infringed the patent or patents in suit." Id. § 299(b). Plaintiff's complaint, which lumps all Defendants together, includes allegations suggesting that Defendants may be related or at least communicating with each other, see [1] 23, 27, 31, 32. But the complaint does not allege that the Defendants are selling the same accused product or that their liability arises out of the same transaction or occurrence. See, e.g., [1] 27 (alleging that Defendants sell "identical or highly similar infringing products"); [8-1] 8 (representing that Plaintiff believes Defendants are selling three different infringing products). To the extent the allegations claim that Defendants have engaged in similar conduct, that is not enough. Accordingly, Plaintiff shall show cause in writing (and under seal if appropriate) by 12/27/22 why this case should not be dismissed under 35 U.S.C. § 299. Mailed notice (gel, ) 14 Filed & Entered: 12/27/2021Terminated: 02/07/2022 motion to seal Docket Text: MOTION by Plaintiff Headwaters, Inc. to seal Response to Show Cause Order (Misterovich, Eric) 15 Filed & Entered: 12/27/2021 sealed document Docket Text: PLAINTIFF'S RESPONSE TO SHOW CAUSE AS TO WHY JOINDER IS PROPER by Plaintiff Headwaters, Inc. Response to Show Cause Order (Attachments: # (1) Exhibit Homepage examples, # (2) Exhibit Stock Photo examples, # (3) Exhibit Product Listing 1, # (4) Exhibit Product Listing 2, # (5) Exhibit Facebook Page, # (6) Exhibit eBay Page, # (7) Exhibit Trademark Information)(Misterovich, Eric) Modified on 2/8/2022 (ph, ). 16 Filed & Entered: 12/29/2021 order on motion for temporary restraining order Docket Text: MINUTE entry before the Honorable John Robert Blakey: In response to this Court's order [13], Plaintiff has offered evidence indicating that the Defendant sellers are connected, selling the exact same products (namely, Model Numbers 858-ES and 858-RS bearing the AVIRAIR trademark) through different channels but using the same or substantially similar marketing copy. See [14], [15]. For present purposes, this evidence satisfies the "series of transactions or occurrences" requirement of section 299(a)(1), as well as Fed. R. Civ. P. 20(a)(2). Having resolved this threshold issue, and based upon the materials Plaintiff submitted, this Court grants Plaintiff's motion for electronic service [11] and grants Plaintiff's ex parte motion for entry of a temporary restraining order [7]. Enter sealed temporary restraining order. Absent further order, this TRO will expire on 1/11/22. Mailed notice (gel, ) 17 Filed & Entered: 12/29/2021 SEALED Order Docket Text: TEMPORARY RESTRAINING ORDER Signed by the Honorable John Robert Blakey on 12/28/2021. Mailed notice(gel, ) Modified on 2/8/2022 (ph, ). 18 Filed & Entered: 01/11/2022Terminated: 01/13/2022 motion for miscellaneous relief Docket Text: MOTION by Plaintiff Headwaters, Inc.Extension of Temporary Restraining Order (Misterovich, Eric) 19 Filed & Entered: 01/11/2022 memorandum in support of motion Docket Text: MEMORANDUM by Headwaters, Inc. in support of motion for miscellaneous relief[18] (Attachments: # (1) Declaration Misterovich Declaration)(Misterovich, Eric) 20 Filed & Entered: 01/13/2022 order on motion for miscellaneous relief Docket Text: MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's ex parte motion [18] to extend the temporary restraining order entered 12/29/21 [17]. The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 1/26/22. Mailed notice (mjc, ) Filed & Entered: 01/14/2022 summons issued Docket Text: SUMMONS Issued as to Defendant The Partnerships And Unincorporated Associations Identified On Schedule A, (jxj, ) 21 Filed & Entered: 01/20/2022 other Docket Text: SEALED Bond by Headwaters, Inc. (Misterovich, Eric) Modified on 1/24/2022 (ph, ). 22 Filed & Entered: 01/21/2022 text entry Docket Text: MINUTE entry before the Honorable John Robert Blakey: The Court is in receipt of document [21] and orders the Clerk's office to permanently seal this document and orders Plaintiff's counsel to physically bring the document into the Clerk's office for re-filing. Mailed notice (gel, ) 23 Filed & Entered: 01/26/2022 certificate of service Docket Text: CERTIFICATE of Service by Plaintiff Headwaters, Inc. as to AVIAIR US (Seller Alias 1), AVIAIR (Seller Alias 2), Aviair (Seller Alias 3), Aviair SG (Seller Alias 4), NY Bulbs Management, LLC dba US Bulb & Energy (Seller Alias 5), and Aviair SG (Seller Alias 8) (Attachments: # (1) Exhibit Email Service, # (2) Exhibit Summons)(Misterovich, Eric) 24 Filed & Entered: 01/26/2022Terminated: 01/28/2022 motion for preliminary injunction Docket Text: MOTION by Plaintiff Headwaters, Inc. for preliminary injunction (Misterovich, Eric) 25 Filed & Entered: 01/26/2022 memorandum in support of motion Docket Text: MEMORANDUM by Headwaters, Inc. in support of motion for preliminary injunction[24] (Attachments: # (1) Exhibit Declaration of Misterovich, # (2) Exhibit Unpublished Decisions)(Misterovich, Eric) 26 Filed & Entered: 01/28/2022 order on motion for preliminary injunction Docket Text: MINUTE entry before the Honorable John Robert Blakey: No defendant has filed an appearance in this matter or otherwise objected in response to the TRO or Plaintiff's motion for entry of a preliminary injunction [24]. Accordingly, and based upon the same findings made in this Court's TRO [17], this Court finds that a preliminary injunction is appropriate and warranted, as well as unopposed and grants Plaintiff's motion for preliminary injunction [24]. Enter Preliminary Injunction Order. The Court directs the Clerk to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all Defendants listed on Schedule A to the Court's docket within three business days. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. By 3/31/22, Plaintiff shall file a status report regarding the status of service of process, settlement discussions, and any further information that Plaintiff wishes to bring to the Court's attention. Mailed notice (mjc, ) 27 Filed & Entered: 01/28/2022 order Docket Text: PRELIMINARY INJUNCTION ORDER Signed by the Honorable John Robert Blakey on 1/28/2022. Mailed notice(mjc, ) Filed & Entered: 01/31/2022 party added Docket Text: NEW PARTIES: AVIAIR US, AVIAIR, Aviair SG, NY Bulbs Management, LLC dba US Bulb & Energy, Shu-Hsien Chou, Bellson and Chou Shu-Hsein added to case caption. (Misterovich, Eric) 28 Filed & Entered: 02/03/2022 attorney appearance Docket Text: ATTORNEY Appearance for Defendants AVIAIR, AVIAIR US, Aviair SG, Chou Shu-Hsein, NY Bulbs Management, LLC dba US Bulb & Energy, Shu-Hsien Chou, Bellson by Jeffrey J. Catalano (Catalano, Jeffrey) 29 Filed & Entered: 02/03/2022 attorney appearance Docket Text: ATTORNEY Appearance for Defendants AVIAIR, AVIAIR US, Aviair SG, Chou Shu-Hsein, NY Bulbs Management, LLC dba US Bulb & Energy, Shu-Hsien Chou, Bellson by David Scott Becker (Becker, David) 30 Filed & Entered: 02/03/2022Terminated: 02/04/2022 motion for leave to file Docket Text: MOTION by Defendants AVIAIR, AVIAIR US, Aviair SG, Chou Shu-Hsein, NY Bulbs Management, LLC dba US Bulb & Energy, Shu-Hsien Chou, Bellson for leave to file Defendants' Unopposed Motion for Leave to File an Oversized Brief in Support of Their Emergency Motion to Vacate the Preliminary Injunction and Dismiss the Complaint (Catalano, Jeffrey) 31 Filed & Entered: 02/03/2022 notice of motion Docket Text: NOTICE of Motion by Jeffrey J. Catalano for presentment of motion for leave to file, [30] before Honorable John Robert Blakey on 2/10/2022 at 11:00 AM. (Catalano, Jeffrey) 32 Filed & Entered: 02/03/2022Terminated: 02/07/2022 motion to vacate Docket Text: MOTION by Defendants AVIAIR, AVIAIR US, Aviair SG, Chou Shu-Hsein, NY Bulbs Management, LLC dba US Bulb & Energy, Shu-Hsien Chou, Bellson to vacate Defendants' Emergency Motion to Vacate the Preliminary Injunction and Dismiss the Complaint (Catalano, Jeffrey) 33 Filed & Entered: 02/03/2022 memorandum in support of motion Docket Text: MEMORANDUM by AVIAIR, AVIAIR US, Aviair SG, Chou Shu-Hsein, NY Bulbs Management, LLC dba US Bulb & Energy, Shu-Hsien Chou, Bellson in support of motion to vacate, [32] Defendants' Memorandum of Law in Support of Their Emergency Motion to Vacate the Preliminary Injunction and Dismiss the Complaint (Attachments: # (1) Exhibit A. Chou Declaration, # (2) Exhibit B. Satin Declaration, # (3) Exhibit C. Becker Dec. with Exhibits, # (4) Exhibit D. whois.aviair.us, # (5) Exhibit E. Nike Motion for email service, # (6) Exhibit F. Nike Motion for email service Atty Aff)(Catalano, Jeffrey) 34 Filed & Entered: 02/03/2022 notice of motion Docket Text: Notice of Emergency Motion to Vacate the Preliminary Injunction and Dismiss the Complaint NOTICE of Motion by Jeffrey J. Catalano for presentment of motion to vacate, [32] before Honorable John Robert Blakey on 2/4/2022 at 09:00 AM. (Catalano, Jeffrey) 35 Filed & Entered: 02/04/2022 terminate hearings Docket Text: MINUTE entry before the Honorable John Robert Blakey: On the Court's own motion, the motion hearing set for 2/4/22 is reset to 10:00 a.m. (Time Change Only).Mailed notice (mjc, ) 36 Filed & Entered: 02/04/2022 attorney appearance Docket Text: ATTORNEY Appearance for Defendants AVIAIR, AVIAIR US, Aviair SG, Chou Shu-Hsein, NY Bulbs Management, LLC dba US Bulb & Energy, Shu-Hsien Chou, Bellson by Cameron Sean Reuber (Reuber, Cameron) 37 Filed & Entered: 02/04/2022 order on motion for leave to file Docket Text: MINUTE entry before the Honorable John Robert Blakey: Emergency Motion Hearing held on the emergency motion to vacate the preliminary injunction filed by Defendants Aviair LLC d/b/a Aviair US; Huizhou Aviair Electronics Co., Ltd., d/b/a Aviair Global; Aviair Singapore Pte. Ltd.; Bellson Chou; and NY Bulbs Management LLC d/b/a U.S Bulb & Energy [32]. The Court takes the motion under advisement and orders the parties to meet and confer concerning possible modifications to the existing injunction order, including any changes in the list of entities subject to that order, the amount of the bond, etc. As discussed in court, Plaintiff shall file a written response by 4:00 p.m. today that demonstrates in detail the specific factual and legal predicate for jurisdiction, venue and injunctive relief, as to each Defendant listed in Schedule A that remains subject to the injunction, and detail its pre-filing good-faith inquiry as to each Defendant. As part of its response, after the meet and confer session, Plaintiff shall also explain any proposed changes to the preliminary injunction and submit a proposed revised order that reflects those changes. The Court grants Defendants' motion for leave to file an oversized brief [30]. The Court will rule on the motion to vacate with all deliberate speed. Mailed notice (mjc, ) 38 Filed & Entered: 02/04/2022 Response Docket Text: RESPONSE by Plaintiff Headwaters, Inc. to order on motion for leave to file,,,,,, order on motion to vacate,,,,,, motion hearing,,,,,, set motion and R&R deadlines/hearings,,,,, [37] (Attachments: # (1) Exhibit aviair-global WHOIS, # (2) Exhibit Purchase receipt, # (3) Exhibit Shipping receipt, # (4) Exhibit Test Buy, # (5) Exhibit Counsel Test Buy, # (6) Exhibit aviairus WHOIS, # (7) Exhibit aviair screenshot, # (8) Exhibit aviair screenshot, # (9) Exhibit aviair screenshot, # (10) Exhibit 418 Registration, # (11) Exhibit 421 Registration, # (12) Exhibit 644 Application)(Misterovich, Eric) 39 Filed & Entered: 02/04/2022 add and terminate parties Docket Text: MINUTE entry before the Honorable John Robert Blakey: Having reviewed Plaintiff's response [38] and considered Defendants' motion [32], as well as the arguments of counsel at the motion hearing today, this Court hereby vacates the preliminary injunction entered 1/28/22 [27] and dismisses this case as to Defendants AVIRAIR SG (actually Aviari Singapore Pte. Ltd.) (identified on Schedule A as Defendants No. 4 and 8); AVIAIR (Defendant No. 9 on Schedule A); and NY Bulbs (Defendant No. 5 on Schedule A). The Court sets set this matter for additional hearing on 2/7/22 at 11:00 a.m. via telephone. Counsel shall call into 877-402-9753 and utilize participant code 9955840. Members of the public and media may also call in to listen to this hearing using this information. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (mjc, ) 40 Filed & Entered: 02/07/2022 order on motion to vacate Docket Text: MINUTE entry before the Honorable John Robert Blakey: Telephonic motion hearing held on 2/7/2022. Oral motion for leave to amend complaint is granted and any amended complaint or voluntary dismissal shall be filed on or before 2/28/2022. As previously noted, Defendant's motion to vacate the preliminary injunction and dismiss the complaint [32] was granted in part and denied in part; The motion was granted as it relates to the preliminary injunction (see docket entry [39]), and it is now denied as moot as to the motion to dismiss. If the parties wish to be referred to the Magistrate Judge for a settlement conference they shall email the Courtroom Deputy. As stated in open court, Defendant's motion for sanctions and fees is denied without prejudice. Telephonic status hearing set for 3/15/2022 at 11:00 a.m. in Courtroom 1203. Counsel shall call into 877-402-9753 and utilize participant code 9955840. Mailed notice (gel, ) 41 Filed & Entered: 02/17/2022 notice of change of address Docket Text: NOTICE by David Scott Becker of Change of Address (Becker, David) 42 Filed & Entered: 02/28/2022 amended complaint Docket Text: First AMENDED complaint by Headwaters, Inc. against Shu-Hsien Chou, Bellson, Aviair LLC, Huizhou Aviair Electronics Co., Ltd (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit Redline of Amended Complaint)(Misterovich, Eric) 43 Filed & Entered: 02/28/2022Terminated: 03/11/2022 motion to amend/correct Docket Text: MOTION by Plaintiff Headwaters, Inc. to amend/correct case caption (Misterovich, Eric) 44 Filed & Entered: 03/11/2022 order on motion to amend/correct Docket Text: MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's motion to amend/correct case caption [43] and directs Plaintiff to file a further amended complaint with the corrected caption by close of business 3/11/22. Additionally, the telephonic status hearing set for 3/15/22 is stricken and reset for 4/7/22 at 11:00 a.m. Counsel shall call into 877-402-9753 and utilize participant code 9955840. Mailed notice (gel, ) 45 Filed & Entered: 03/12/2022 amended complaint Docket Text: AMENDED complaint by Headwaters, Inc. against Aviair LLC, Huizhou Aviair Electronics Co., Ltd, Shu-Hsien Chou, Bellson (Attachments: # (1) Exhibit, # (2) Exhibit)(Misterovich, Eric) 46 Filed & Entered: 03/12/2022 declaration Docket Text: DECLARATION of Eric Misterovich of Technical Issue (Misterovich, Eric) 47 Filed & Entered: 03/15/2022Terminated: 03/16/2022 motion for extension of time to file answer Docket Text: MOTION by Defendants Aviair LLC, Huizhou Aviair Electronics Co., Ltd, Shu-Hsien Chou, Bellson for extension of time to file answer OR OTHERWISE RESPOND TO PLAINTIFF'S FIRST AMENDED COMPLAINT (Reuber, Cameron) 48 Filed & Entered: 03/15/2022 notice of motion Docket Text: NOTICE of Motion by Cameron Sean Reuber for presentment of motion for extension of time to file answer[47] before Honorable John Robert Blakey on 3/24/2022 at 11:00 AM. (Reuber, Cameron) 49 Filed & Entered: 03/16/2022 order on motion for extension of time to answer Docket Text: MINUTE entry before the Honorable John Robert Blakey: Defendant's motion for extension of time to file answer or otherwise plead [47] is granted and any answer shall be filed on or before 4/20/2022. Motion hearing set for 3/24/2022 is stricken. Mailed notice (gel, ) 50 Filed & Entered: 03/31/2022 status report Docket Text: STATUS Report by Headwaters, Inc. (Misterovich, Eric) 51 Filed & Entered: 04/04/2022 terminate deadlines Docket Text: MINUTE entry before the Honorable John Robert Blakey: Based upon the representations in Plaintiff's 3/31/22 status report [50], the 4/7/22 telephonic status hearing is stricken and reset for 4/26/22 at 11:00 a.m. Counsel shall call into 877-402-9753 and utilize participant code 9955840. Members of the public and media may also call in to listen to this hearing using this information. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (gel, ) 52 Filed & Entered: 04/20/2022Terminated: 04/21/2022 motion for extension of time to file answer Docket Text: MOTION by Defendants Aviair LLC, Huizhou Aviair Electronics Co., Ltd, Shu-Hsien Chou, Bellson for extension of time to file answer regarding amended complaint[45] (Reuber, Cameron) 53 Filed & Entered: 04/20/2022 notice of motion Docket Text: NOTICE of Motion by Cameron Sean Reuber for presentment of motion for extension of time to file answer[52] before Honorable John Robert Blakey on 4/26/2022 at 11:00 AM. (Reuber, Cameron) 54 Filed & Entered: 04/21/2022 order on motion for extension of time to answer Docket Text: MINUTE entry before the Honorable John Robert Blakey: The Court grants Defendants' unopposed motion for an extension of time [52]. Defendants shall answer or otherwise respond to the complaint by 5/20/22. The Court strikes the 4/26/22 Notice of Motion date and also strikes the 4/26/22 status hearing date. The matter is reset for a telephonic status hearing on 5/24/22 at 11:00 a.m. Counsel shall call into 877-402-9753 and utilize participant code 9955840. Mailed notice (gel, ) 55 Filed & Entered: 04/28/2022Terminated: 05/10/2022 motion for hearing Docket Text: MOTION by Defendants AVIAIR, AVIAIR US, Aviair LLC, Aviair SG, Chou Shu-Hsein, Huizhou Aviair Electronics Co., Ltd, NY Bulbs Management, LLC dba US Bulb & Energy, Shu-Hsien Chou, Bellson for hearing Telephonic Conference - Unopposed (Becker, David) 56 Filed & Entered: 04/28/2022 notice of motion Docket Text: NOTICE of Motion by David Scott Becker for presentment of motion for hearing, [55] before Honorable John Robert Blakey on 5/10/2022 at 11:00 AM. (Becker, David) 57 Filed & Entered: 05/04/2022 Response Docket Text: RESPONSE by Plaintiff Headwaters, Inc. to motion for hearing, [55] (Misterovich, Eric) 58 Filed & Entered: 05/10/2022 order on motion for hearing Docket Text: MINUTE entry before the Honorable John Robert Blakey: Telephonic status hearing held on 5/10/2022. Defendant's unopposed motion for telephonic conference [55] is granted. Based upon the representation of the parties, this case is stayed. Defense counsel shall email the Courtroom Deputy prior to the next hearing if they wish to refer the case to the Magistrate Judge for a settlement conference. Telephonic status hearing previously set for 5/24/2022 at 11:00 a.m. to stand at this time. If counsel agrees to a settlement conference, the 5/24/2022 status will be stricken and the case will be referred to the Magistrate. If counsel does not agree to a settlement conference, the stay will be lifted and counsel shall meet and confer regarding a new responsive pleading deadline as well as any sanction motion briefing schedule, both of which will be set at the next status. The current responsive pleading deadline is stricken. Mailed notice (gel, ) 59 Filed & Entered: 05/18/2022 transcript Docket Text: TRANSCRIPT OF PROCEEDINGS held on May 10, 2022, before the Honorable John Robert Blakey. Order Number: 43218/43219. Court Reporter Contact Information: Laura LaCien, 312-408-5032, laura_lacien@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 6/8/2022. Redacted Transcript Deadline set for 6/20/2022. Release of Transcript Restriction set for 8/16/2022. (Lacien, Laura) 60 Filed & Entered: 05/24/2022 terminate hearings Docket Text: MINUTE entry before the Honorable John Robert Blakey: Oral agreed motion to refer case to the Magistrate Judge for a settlement conference is granted. Enter expedited referral order. Based upon the entry of minute order [58], the status hearing previously set for 5/24/2022 is stricken. Counsel shall file an updated joint status report on or before 7/18/2022. Mailed notice (gel, ) 61 Filed & Entered: 05/24/2022 Expedited referral to magistrate judge Docket Text: Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey T. Gilbert for the purpose of holding proceedings related to: settlement conference. (gel, )Mailed notice. 62 Filed & Entered: 05/27/2022 set/reset hearings Docket Text: MINUTE entry before the Honorable Jeffrey T. Gilbert: This matter has been referred to Magistrate Judge Gilbert for the purpose of settlement. A telephone status conference with the Court is set for 6/1/22 at 10:00 a.m. Prior to the status hearing, the parties shall familiarize themselves with the subjects referenced in Magistrate Judge Gilbert's Standing Order for Settlement Conference posted on the Court's website at www.ilnd.uscourts.gov/Judges as applicable to referral cases. The toll-free call-in number and access code for the telephone conference is as follows: Dial: 877-336-1829 Access Code: 1022195. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions. Mailed notice (ber, ) 63 Filed & Entered: 06/01/2022 terminate hearings Docket Text: MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone status hearing held on 6/1/22 and continued to 6/23/22 at 9:45 a.m. Settlement conference 7/22/22 at 8:30 a.m. via Cisco Webex subject to confirmation that all necessary participants are available on that date. Counsel shall email the Court's courtroom deputy (Brenda_Rinozzi@ilnd.uscourts.gov) by 6/3/22 to confirm whether their clients are available on that date. Counsel for both sides also shall send an email to the Court's courtroom deputy that includes the names and email addresses for all individuals who will attend the settlement conference. Plaintiff's settlement letter shall be delivered to Defendant, with a copy delivered to the Court via the Court's settlement correspondence email at Settlement_Correspondence_Gilbert@ilnd.uscourts.gov, on or before 6/8/22. Defendant's settlement letter shall be delivered to Plaintiff, with a copy delivered to the Court via the Court's settlement correspondence email at Settlement_Correspondence_Gilbert@ilnd.uscourts.gov, on or before 6/15/22. Settlement letters are not to be filed on the CM-ECF system. The call-in number for the continued telephonic hearing is 877-336-1829, access code 1022195, press #. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions. Mailed notice (ber, ) 64 Filed & Entered: 06/01/2022Terminated: 06/03/2022 motion to appear pro hac vice Docket Text: MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19522651. (Becker, David) 65 Filed & Entered: 06/03/2022 terminate hearings Docket Text: MINUTE entry before the Honorable Jeffrey T. Gilbert: At the parties' request, the Court modifies the dates for the exchange of settlement letters as follows: Plaintiff's settlement letter shall be delivered to Defendants, with a copy delivered to the Court via the Court's settlement correspondence email at Settlement_Correspondence_Gilbert@ilnd.uscourts.gov, on or before 6/15/22. Defendants' settlement letter shall be delivered to Plaintiff, with a copy delivered to the Court via the Court's settlement correspondence email at Settlement_Correspondence_Gilbert@ilnd.uscourts.gov, on or before 6/22/22. Settlement letters are not to be filed on the CM-ECF system. The status hearing set for 6/23/22 is stricken and reset to 6/30/22 at 9:45 a.m. The call-in number for the continued telephonic hearing on 6/30/22 is 877-336-1829, access code 1022195, press #. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions. Mailed notice (ber, ) 66 Filed & Entered: 06/03/2022 text entry Docket Text: MINUTE entry before the Honorable Jeffrey T. Gilbert:The parties have confirmed that all necessary participants are available for the settlement conference set for 7/22/22 at 8:30 a.m. via Cisco Webex. The dates for the exchange of settlement letters were set in the Court's prior order [65]. Mailed notice (ber, ) 67 Filed & Entered: 06/03/2022 order on motion to appear pro hac vice Docket Text: MINUTE entry before the Honorable John Robert Blakey: Yuval Marcus' motion for leave to appear pro hac vice [64] is granted. Mailed notice (gel, ) Modified on 7/1/2022 to correct filer and attorney's name 68 Filed & Entered: 06/30/2022 terminate hearings Docket Text: MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone status hearing held on 6/30/22. The settlement conference set for 7/22/22 at 8:30 a.m. will proceed as scheduled via Cisco Webex. Plaintiff shall send a letter to Defendants outlining the reps and warranties that Plaintiff wants Defendant(s) to make as part of any settlement, with a copy delivered to the Court via the Court's settlement correspondence email at Settlement_Correspondence_Gilbert@ilnd.uscourts.gov, by 7/8/22. Defendants shall respond in writing, with a copy delivered to the Court via the Court's settlement correspondence email at Settlement_Correspondence_Gilbert@ilnd.uscourts.gov, by 7/15/22. Settlement letters are not to be filed on the CM-ECF system. Mailed notice (ber, ) 69 Filed & Entered: 07/15/2022 transcript Docket Text: TRANSCRIPT OF PROCEEDINGS held on February 4, 2022, before the Honorable John Robert Blakey. Order Number: 43492. Court Reporter Contact Information: Laura LaCien, 312-408-5032, laura_lacien@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 8/5/2022. Redacted Transcript Deadline set for 8/15/2022. Release of Transcript Restriction set for 10/13/2022. (Lacien, Laura) 70 Filed & Entered: 07/21/2022 attorney appearance Docket Text: ATTORNEY Appearance for Defendants Huizhou Aviair Electronics Co., Ltd, NY Bulbs Management, LLC dba US Bulb & Energy, Shu-Hsien Chou, Bellson by Yuval H. Marcus (Marcus, Yuval) 71 Filed & Entered: 07/21/2022Terminated: 07/22/2022 motion to appear pro hac vice Docket Text: MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19671032. (Cooper, Lori) 72 Filed & Entered: 07/22/2022 text entry Docket Text: MINUTE entry before the Honorable John Robert Blakey: In light of the parties' 7/22/22 settlement conference, the Court strikes the parties' 7/18/22 status report deadline and orders the parties to file an updated status report by 8/15/22. Mailed notice (gel, ) 73 Filed & Entered: 07/22/2022 order on motion to appear pro hac vice Docket Text: MINUTE entry before the Honorable John Robert Blakey: Lori Cooper's motion for leave to appear pro hac vice [71] is granted. Mailed notice (gel, ) 74 Filed & Entered: 07/22/2022 terminate hearings Docket Text: MINUTE entry before the Honorable Jeffrey T. Gilbert: Settlement conference held on 7/22/22. The parties resolved the case. Status hearing set for 8/30/22 at 9:30 a.m. If a stipulation to dismiss before that date, the status hearing will be stricken with no appearance required. The toll-free call-in number and access code for the telephone conference is as follows: Dial: 877-336-1829 Access Code: 1022195. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions. Mailed notice (ber, ) 75 Filed & Entered: 07/27/2022 text entry Docket Text: MINUTE entry before the Honorable John Robert Blakey: Based upon the order entered by Magistrate Judge Gilbert [74], this case has settled. The parties shall file either dismissal documents or an updated status report on or before 8/22/2022. Mailed notice (gel, ) 76 Filed & Entered: 08/17/2022 stipulation of dismissal Docket Text: STIPULATION of Dismissal (Misterovich, Eric) 77 Filed & Entered: 08/19/2022 text entry Docket Text: MINUTE entry before the Honorable John Robert Blakey: Entered in Error 78 Filed & Entered: 08/19/2022 terminated case Docket Text: MINUTE entry before the Honorable John Robert Blakey: Based upon the parties' stipulation [76], the Court hereby dismisses this case with prejudice under Rule 41(a), strikes all dates, and denies as moot all pending motions. Civil case terminated. Mailed notice (gel, ) 79 Filed & Entered: 08/22/2022 terminate referral Docket Text: MINUTE entry before the Honorable Jeffrey T. Gilbert: In light of the District Judge's dismissal of this case [78], all matters relating to the referral of this case have been resolved. Status hearing set for 8/30/22 before Magistrate Judge Gilbert is hereby stricken with no appearance required. Referral terminated. Mailed notice (ber, ) 80 Filed & Entered: 08/23/2022 Patent/Trademark report Docket Text: MAILED Patent report with certified copy of closing Order dated 8/22/22 to Patent Trademark Office, Alexandria VA. (gcy, )
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