Case number 1:22-cv-03804
Michigan Motor Technologies, LLC v. Bayerische Motoren Werke AG et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Mar 27, 2024 | 113 | MINUTE entry before the Honorable Lindsay C. Jenkins:Plaintiff has filed a notice of voluntary dismissal with prejudice 112 , the terms of which are set forth therein. All pending motions are denied as moot. Civil case closed. Mailed notice. (jlj, ) (Entered: 03/27/2024) (1) |
| Mar 26, 2024 | 112 | NOTICE of Voluntary Dismissal by Michigan Motor Technologies, LLC (Attachments: # 1 Text of Proposed Order)(Benchell, Neil) (Entered: 03/26/2024) (0) |
| Mar 11, 2024 | 111 | MINUTE entry before the Honorable Lindsay C. Jenkins:Plaintiff's unopposed motion for extension of time 110 is granted. Plaintiff's response to the motion to stay 107 is now due by March 26, 2024, and Defendants' reply is now due by April 19, 2024. Mailed notice. (jlj, ) (Entered: 03/11/2024) (1) |
| Mar 8, 2024 | 110 | MOTION by Plaintiff Michigan Motor Technologies, LLC for extension of time (Attachments: # 1 Text of Proposed Order)(Benchell, Neil) (Entered: 03/08/2024) (0) |
| Mar 4, 2024 | 109 | MINUTE entry before the Honorable Lindsay C. Jenkins: Motion to stay 107 is entered and continued. Response due by March 12, 2024; reply due by March 26, 2024. See Dkt. 106 . Mailed notice. (jlj, ) (Entered: 03/04/2024) (1) |
| Feb 13, 2024 | 106 | MINUTE entry before the Honorable Lindsay C. Jenkins: Telephonic status hearing held. For the reasons stated on the record, Plaintiff's motion to compel discovery from Defendant BMW of North America 87 , Plaintiff's motion to compel BMW of North America initial disclosures 97 are denied without prejudice. Defendant's motion to dismiss Michigan Motor Technologies, LLC's Third Amended Complaint 72 is entered and continued. Defendant's forthcoming motion to stay shall be filed by the close of business February 13, 2024. Plaintiff shall respond by March 12, 2024; reply due by March 26, 2024. Mailed notice. (jlj, ) (Entered: 02/13/2024) (1) |
| Feb 13, 2024 | 107 | MOTION by Defendants BMW of North America, LLC, Bayerische Motoren Werke AG to stay pending Inter Partes Review (Biggs, Brian) (Entered: 02/13/2024) (3) |
| Feb 13, 2024 | 108 | MEMORANDUM by BMW of North America, LLC, Bayerische Motoren Werke AG in support of motion to stay 107 - Opening Brief In Support Of Defendants' Motion To Stay (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Biggs, Brian) (Entered: 02/13/2024) (0) |
| Feb 12, 2024 | 104 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Bayerische Motoren Werke AG - Dismiss Third Amended Complaint - (Biggs, Brian) (Entered: 02/12/2024) (3) |
| Feb 12, 2024 | 105 | MEMORANDUM by Bayerische Motoren Werke AG in support of Motion to Dismiss for Failure to State a Claim 104 - Opening Brief In Support Of Motion To Dismiss Third Amended Complaint - (Biggs, Brian) (Entered: 02/12/2024) (14) |
| Feb 9, 2024 | 100 | MOTION by Attorney Jason Wejnert to withdraw as attorney for Michigan Motor Technologies, LLC. No party information provided (Attachments: # 1 Text of Proposed Order)(Benchell, Neil) (Entered: 02/09/2024) (0) |
| Feb 9, 2024 | 101 | MINUTE entry before the Honorable Lindsay C. Jenkins: On closer examination of the most recent motion to compel 97 , the briefing schedule set at 99 is stricken. The parties should be prepared to discuss their respective positions on both motions to compel at the February 13, 2024 status hearing 89 . The Court will request additional briefing on if it needs additional briefing. Mailed notice. (jlj, ) (Entered: 02/09/2024) (1) |
| Feb 9, 2024 | 102 | MINUTE entry before the Honorable Lindsay C. Jenkins: Attorney Jason Wejner's motion to withdraw 100 is granted. Attorney Jason Wejner no longer assigned to this case. Mailed notice. (jlj, ) (Entered: 02/09/2024) (1) |
| Feb 9, 2024 | 103 | Notice Of Institution Of Inter Partes Review by BMW of North America, LLC, Bayerische Motoren Werke AG (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Biggs, Brian) (Entered: 02/09/2024) (0) |
| Feb 8, 2024 | 99 | MINUTE entry before the Honorable Lindsay C. Jenkins: BMW NA's response to the motion to compel 97 is due by February 28, 2024; Plaintiff's reply is due by March 13, 2024. The parties should be prepared with available dates for a telephonic hearing on this motion to compel at the February 13, 2024 status hearing 89 . Mailed notice. (jlj, ) (Entered: 02/08/2024) (1) |
| Feb 7, 2024 | 97 | MOTION by Plaintiff Michigan Motor Technologies, LLC to compel (Attachments: # 1 Text of Proposed Order)(Benchell, Neil) (Entered: 02/07/2024) (0) |
| Feb 7, 2024 | 98 | MEMORANDUM by Michigan Motor Technologies, LLC in support of motion to compel 97 (Benchell, Neil) (Entered: 02/07/2024) (4) |
| Jan 29, 2024 | 96 | REPLY by Michigan Motor Technologies, LLC to response in opposition to motion, 94 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Benchell, Neil) (Entered: 01/29/2024) (0) |
| Jan 23, 2024 | 95 | MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant BMW AG's motion to withdraw 93 is granted. The motion to dismiss 82 is stricken as moot. Defendant BMW AG's answer to the Third Amended Complaint is due by February 12, 2024. Mailed notice. (jlj, ) (Entered: 01/23/2024) (1) |
| Jan 22, 2024 | 93 | MOTION by Defendant Bayerische Motoren Werke AG to withdraw motion to dismiss 82 - Bayerische Motoren Werke AG's Unopposed Motion And [Proposed] Order to Withdraw Its Motion Dismiss - (Steadman, Paul) (Entered: 01/22/2024) (2) |
| Jan 22, 2024 | 94 | RESPONSE by BMW of North America, LLCin Opposition to MOTION by Plaintiff Michigan Motor Technologies, LLC to compel discovery from Defendant BMW of North America, LLC 87 - Response Brief In Opposition To Michigan Motor Technologies, LLC's Motion To Compel - (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Biggs, Brian) (Entered: 01/22/2024) (0) |
| Jan 8, 2024 | 92 | RESPONSE by Michigan Motor Technologies, LLCin Opposition to MOTION by Defendant Bayerische Motoren Werke AG to dismiss Michigan Motor Technologies,LLC's Third Amended Complaint - 82 (Benchell, Neil) (Entered: 01/08/2024) (11) |
| Jan 2, 2024 | 91 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Michigan Motor Technologies, LLC (Benchell, Neil) (Entered: 01/02/2024) (2) |
| Dec 28, 2023 | 90 | ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) (Entered: 12/28/2023) (1) |
| Dec 22, 2023 | 89 | MINUTE entry before the Honorable Lindsay C. Jenkins: The Court sets the following briefing schedule on Plaintiff's motion to compel. Defendant BMW NA's response brief is due by January 22, 2024 and Plaintiff's reply is due by January 29, 2024. The matter is set for a telephonic status hearing for a ruling on February 13, 2024 at 10 am. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: 877-336-1831, Access Code: 1038210. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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 (cn). (Entered: 12/22/2023) (1) |
| Dec 21, 2023 | 87 | MOTION by Plaintiff Michigan Motor Technologies, LLC to compel discovery from Defendant BMW of North America, LLC (Attachments: # 1 Text of Proposed Order)(Wejnert, Jason) (Entered: 12/21/2023) (0) |
| Dec 21, 2023 | 88 | MEMORANDUM by Michigan Motor Technologies, LLC in support of motion to compel 87 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Wejnert, Jason) (Entered: 12/21/2023) (0) |
| Dec 19, 2023 | 86 | ATTORNEY Appearance for Plaintiff Michigan Motor Technologies, LLC by Jason Michael Wejnert (Wejnert, Jason) (Entered: 12/19/2023) (1) |
| Dec 11, 2023 | 85 | REPLY by Defendant BMW of North America, LLC to Motion to Dismiss for Failure to State a Claim 72 - Reply Brief In Support Of BMW Of North America, LLC's Motion To Dismiss Michigan Motor Technologies, LLC's Third Amended Complaint - (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Biggs, Brian) (Entered: 12/11/2023) (0) |
| Dec 6, 2023 | 84 | MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant BMW AG's motion to dismiss 82 should be briefed as follows: Plaintiff's response is due by January 8, 2024 and Defendant's reply is due by January 22, 2024. Mailed notice. (jlj, ) (Entered: 12/06/2023) (1) |
| Dec 5, 2023 | 82 | MOTION by Defendant Bayerische Motoren Werke AG to dismiss Michigan Motor Technologies,LLC's Third Amended Complaint - (Biggs, Brian) (Entered: 12/05/2023) (3) |
| Dec 5, 2023 | 83 | MEMORANDUM by Bayerische Motoren Werke AG in support of motion to dismiss 82 - Dismiss Third Amended Complaint - (Attachments: # 1 Exhibit A)(Biggs, Brian) (Entered: 12/05/2023) (0) |
| Nov 28, 2023 | 81 | MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant's reply to the motion to dismiss 72 is due by December 11, 2023. Mailed notice. (jlj, ) (Entered: 11/28/2023) (1) |
| Nov 27, 2023 | 80 | RESPONSE by Michigan Motor Technologies, LLCin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant BMW of North America, LLC - Dismiss Third Amended Complaint - 72 (Benchell, Neil) (Entered: 11/27/2023) (12) |
| Nov 14, 2023 | 79 | MINUTE entry before the Honorable Lindsay C. Jenkins: The agreed motion for an extension of time 78 is granted. At the parties' request, the status hearing set for November 15, 2023 77 is stricken so that MMT can consider the matters outlined in the motion. The date for MMT's response to the motion to dismiss is extended to November 27, 2023. The Court holds off entering a discovery schedule in light of the matters discussed in the report. Mailed notice. (jlj, ) (Entered: 11/14/2023) (1) |
| Nov 13, 2023 | 78 | MOTION by Plaintiff Michigan Motor Technologies, LLC for extension of time to file response/reply as to Motion to Dismiss for Failure to State a Claim 72 and to postpone the status hearing to a later date (Attachments: # 1 Text of Proposed Order)(Benchell, Neil) (Entered: 11/13/2023) (0) |
| Oct 26, 2023 | 76 | MINUTE entry before the Honorable Lindsay C. Jenkins: The matter is set for a telephonic status hearing on November 7, 2023 at 9:30 am. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: 877-336-1831, Access Code: 1038210. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) (Entered: 10/26/2023) (1) |
| Oct 26, 2023 | 77 | MINUTE entry before the Honorable Lindsay C. Jenkins: At the parties' request, the telephonic status hearing on November 7, 2023 76 is stricken and re-set for November 15, 2023 at 9:15 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: 877-336-1831, Access Code: 1038210. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) (Entered: 10/26/2023) (1) |
| Oct 24, 2023 | 75 | STATUS Report by Michigan Motor Technologies, LLC (Benchell, Neil) (Entered: 10/24/2023) (6) |
| Oct 11, 2023 | 74 | MINUTE entry before the Honorable Lindsay C. Jenkins: The parties did not propose a briefing schedule on Defendant's motion to dismiss in accordance with the Court's standing order. The Court imposes the following schedule: Plaintiff's response brief is due by 11/13/2023 and Defendant's reply is due by 11/27/2023. A proposed case management plan remains due by 10/24/2023. Mailed notice. (jlj, ) (Entered: 10/11/2023) (1) |
| Oct 10, 2023 | 72 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant BMW of North America, LLC - Dismiss Third Amended Complaint - (Steadman, Paul) (Entered: 10/10/2023) (3) |
| Oct 10, 2023 | 73 | MEMORANDUM by BMW of North America, LLC in support of Motion to Dismiss for Failure to State a Claim 72 (Steadman, Paul) (Entered: 10/10/2023) (14) |
| Oct 3, 2023 | 71 | MINUTE entry before the Honorable Lindsay C. Jenkins: In light of the parties' status report, the motion to reassign 65 is terminated as moot. Defendants' answer or responsive pleading to the Third Amended Complaint remains due by October 10, 2023. The parties are to file a status report that proposes a case plan by October 24, 2023. Mailed notice. (jlj, ) (Entered: 10/03/2023) (1) |
| Sep 29, 2023 | 70 | NOTICE by Michigan Motor Technologies, LLC PLAINTIFF'S RESPONSE TO DEFENDANT MERCEDES-BENZ USA, LLC'S MOTION TO REASSIGN (Dkt. 65) (Benchell, Neil) (Entered: 09/29/2023) (2) |
| Sep 8, 2023 | 69 | Third AMENDED complaint by Michigan Motor Technologies, LLC against BMW of North America, LLC, Bayerische Motoren Werke AG (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18)(Benchell, Neil) (Entered: 09/08/2023) (0) |
| Sep 8, 2023 | 1 | Amended Complaint* (1) |
| Aug 24, 2023 | 67 | MOTION by Plaintiff Michigan Motor Technologies, LLC for extension of time to file response/reply as to motion to reassign case, 65 (Unopposed) (Attachments: # 1 Text of Proposed Order)(Benchell, Neil) (Entered: 08/24/2023) (0) |
| Aug 24, 2023 | 68 | MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's unopposed motion for extension of time to respond to the reassignment motion 67 is granted. Plaintiff's response is due by September 29, 2023, and any reply is due on or before October 13, 2023. Mailed notice. (jlj, ) (Entered: 08/24/2023) (1) |
| Aug 16, 2023 | 66 | MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's response to the motion to reassign 65 is due by August 30, 2023 and Mercedes-Benz's reply is before September 6, 2023. Mailed notice. (jlj, ) (Entered: 08/16/2023) (1) |
| Aug 15, 2023 | 65 | MOTION by Defendant MERCEDES-BENZ USA, LLC to reassign case (Attachments: # 1 Exhibit 1 - SAC in BMW Case, # 2 Exhibit 2 - FAC in MB Case, # 3 Exhibit 3A - Contentions 6,557,540, # 4 Exhibit 3B - Contentions 6,581,574, # 5 Exhibit 4 - Civil Cover, # 6 Exhibit 5 - MBUSA Invalidity Contentions)(Gerchick, Jeffrey) (Entered: 08/15/2023) (0) |
| Aug 7, 2023 | 64 | MINUTE entry before the Honorable Lindsay C. Jenkins: The joint status report 63 indicates MMT's intention to file a third amended complaint. MMT must file its amended complaint on or before September 8, 2023. Defendant BMW NA's responsive pleading (be it an answer or a motion) shall be filed by October 10, 2023. Mailed notice. (jlj, ) (Entered: 08/07/2023) (1) |
| Aug 4, 2023 | 63 | STATUS Report - Joint Status Report by Michigan Motor Technologies, LLC (Benchell, Neil) (Entered: 08/04/2023) (3) |
| Jul 21, 2023 | 61 | MINUTE entry before the Honorable Lindsay C. Jenkins: For the reasons set forth in the Order issued today, BMW AG's motion to dismiss 42 is granted in part and denied in part. MMT has until December 1, 2023 to effect service on BMW AG under the Hague Service Convention. BMW NA's motion to dismiss the Second Amended Complaint 40 is granted in part and denied in part. Counts I, IV and VI, which raise claims for infringement of the asserted claims of the '540, '260 and '482 patents respectively, are directed at subject matter that is not patent eligible as a matter of law. Leave to amend would be futile, so the dismissal as to those Counts is with prejudice. Count II does not plausibly allege that MMT is entitled to pre-suit damages for the '565 patent under the marking statute. Count III as to the '574 patent remains undisturbed. Count V does not allege more than sixteen days of pre-suit damages for the '122 patent under the marking statute. Because the marking deficiency might be cured through an amended pleading, MMT is given leave to amend if it can do so consistent with this Order. The parties are to file a joint status report by August 4, 2023 that addresses whether MMT wishes to file a third amended complaint regarding the pre-suit damages issue and that proposes a case plan. Mailed notice. (jlj, ) (Entered: 07/21/2023) (1) |
| Jul 21, 2023 | 62 | MEMORANDUM Opinion and Order written by the Honorable Lindsay C. Jenkins on 7/21/2023. Mailed notice. (jlj, ) (Entered: 07/21/2023) (40) |
| Apr 14, 2023 | 60 | STATUS Report JOINT INITIAL STATUS REPORT FOR REASSIGNED CASE by Michigan Motor Technologies, LLC (Benchell, Neil) (Entered: 04/14/2023) (6) |
| Mar 31, 2023 | 58 | REPLY by Defendant Bayerische Motoren Werke AG to memorandum in support of motion 43 , motion to dismiss 42 - Reply Brief In Support Of Bayerische Motoren Werke AG's Motion To Dismiss Michigan Motor Technologies, LLC's Second Amended Complaint - (Biggs, Brian) (Entered: 03/31/2023) (14) |
| Mar 31, 2023 | 59 | REPLY by Defendant BMW of North America, LLC to memorandum in support of motion 41 , Motion to Dismiss for Failure to State a Claim 40 - Reply Brief In Support Of BMW Of North America, LLC's Motion To Dismiss Michigan Motor Technologies, LLC's Second Amended Complaint - (Biggs, Brian) (Entered: 03/31/2023) (14) |
| Mar 21, 2023 | 57 | MINUTE entry before the Honorable Lindsay C. Jenkins: This case has been reassigned to Judge Jenkins. By 4/14/2023, the parties shall file a joint initial status report using the form for reassigned cases on Judge Jenkins's web page on this District's website. The parties must follow all the standing orders for Judge Jenkins and all Local Rules, which can be found at the same web page. Mailed notice. (jlj, ) (Entered: 03/21/2023) (1) |
| Feb 27, 2023 | 56 | EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 23-0010: Pursuant that to the Executive Committee Order entered on February 23, 2023, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Lindsay C. Jenkins; therefore IT IS HEREBY ORDERED that the attached list of 281 cases be reassigned to the Honorable Lindsay C. Jenkins; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Lindsay C. Jenkins' webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Lindsay C. Jenkins to the Court's civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Lindsay C. Jenkins to the Court's criminal case assignment system ninety (90) days so that Judge Jenkins shall thereafter receive a full share of such cases. Case reassigned to the Honorable Lindsay C. Jenkins for all further proceedings. Honorable Steven C. Seeger no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 2/27/2023.(tg, ) (Entered: 02/27/2023) (9) |
| Feb 24, 2023 | 55 | STATUS Report - Updated Joint Status Report by Michigan Motor Technologies, LLC (Benchell, Neil) (Entered: 02/24/2023) (3) |
| Feb 21, 2023 | 53 | RESPONSE by Michigan Motor Technologies, LLCin Opposition to MOTION by Defendant Bayerische Motoren Werke AG to dismiss second amended complaint - 42 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Benchell, Neil) (Entered: 02/21/2023) (0) |
| Feb 21, 2023 | 54 | RESPONSE by Michigan Motor Technologies, LLCin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant BMW of North America, LLC - Dismiss Second Amended Complaint - 40 (Benchell, Neil) (Entered: 02/21/2023) (18) |
| Feb 6, 2023 | 52 | MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the joint status report. (Dckt. No. 51 ) The parties are considering mediation, and are contemplating the dismissal of BMW AG. The parties must file an update by February 24, 2023. The Court directs the parties to continue to discuss a potential resolution in good faith. Mailed notice (jjr, ) (Entered: 02/06/2023) (1) |
| Jan 31, 2023 | 51 | STATUS Report JOINT STATUS REPORT by Michigan Motor Technologies, LLC (Benchell, Neil) (Entered: 01/31/2023) (2) |
| Dec 29, 2022 | 50 | ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) (Entered: 12/29/2022) (1) |
| Dec 19, 2022 | 49 | MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's two motions for an extension of time (Dckt. No. 47 , 48 ) are hereby granted, albeit with more than a little reluctance. Plaintiff's response is currently due on January 6, 2023. Plaintiff seeks a 45-day extension until February 20. This Court usually allows 28 days for a response, and 14 days for a reply. Defendants moved to dismiss on December 5, 2022. So, with this extension, Plaintiff is getting two and half months to respond to the motions to dismiss. That said, the Court will grant it, with the following condition. The briefing schedule is generous, so the parties must use some of the time to discuss a potential resolution of the case. The parties must file a status report on January 31, 2023. The responses to the motions to dismiss are due by February 20, 2023. The replies are due by March 31, 2023. Mailed notice. (jjr, ) (Entered: 12/19/2022) (1) |
| Dec 16, 2022 | 47 | MOTION by Plaintiff Michigan Motor Technologies, LLC for extension of time to file response/reply as to motion to dismiss 42 (Attachments: # 1 Text of Proposed Order)(Benchell, Neil) (Entered: 12/16/2022) (0) |
| Dec 16, 2022 | 48 | MOTION by Plaintiff Michigan Motor Technologies, LLC for extension of time to file response/reply as to Motion to Dismiss for Failure to State a Claim 40 (Attachments: # 1 Text of Proposed Order)(Benchell, Neil) (Entered: 12/16/2022) (0) |
| Dec 9, 2022 | 46 | MINUTE entry before the Honorable Steven C. Seeger: The Court sets the following briefing schedule on both motions to dismiss (Dckt. No. 40 and 42 ). Responses are due by January 6, 2023 and replies are due by January 20, 2023. Mailed notice. (jjr, ) (Entered: 12/09/2022) (1) |
| Dec 5, 2022 | 40 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant BMW of North America, LLC - Dismiss Second Amended Complaint - (Attachments: # 1 Text of Proposed Order)(Steadman, Paul) (Entered: 12/05/2022) (0) |
| Dec 5, 2022 | 41 | MEMORANDUM by BMW of North America, LLC in support of Motion to Dismiss for Failure to State a Claim 40 - Dismiss Second Amended Complaint - (Steadman, Paul) (Entered: 12/05/2022) (19) |
| Dec 5, 2022 | 42 | MOTION by Defendant Bayerische Motoren Werke AG to dismiss second amended complaint - (Attachments: # 1 Text of Proposed Order)(Biggs, Brian) (Entered: 12/05/2022) (0) |
| Dec 5, 2022 | 43 | MEMORANDUM by Bayerische Motoren Werke AG in support of motion to dismiss 42 - Dismiss Second Amended Complaint - (Biggs, Brian) (Entered: 12/05/2022) (20) |
| Dec 5, 2022 | 44 | DECLARATION of Brian A. Biggs regarding motion to dismiss 42 - In Support of Motion To Dismiss Second Amended Complaint - (Attachments: # 1 Exhibit 1 to Declaration of Brian A. Biggs, # 2 Exhibit 2 to Declaration of Brian A. Biggs, # 3 Exhibit 3 to Declaration of Brian A. Biggs, # 4 Exhibit 4 to Declaration of Brian A. Biggs)(Biggs, Brian) (Entered: 12/05/2022) (0) |
| Dec 5, 2022 | 45 | DECLARATION of Dr. Bernhard Gobel regarding motion to dismiss 42 (Biggs, Brian) (Entered: 12/05/2022) (3) |
| Nov 21, 2022 | 39 | MINUTE entry before the Honorable Steven C. Seeger: The agreed motion for an extension of time (Dckt. No. 38 ) is hereby granted. As proposed, the response to the second amended complaint is due by December 5, 2022. Mailed notice (jjr, ) (Entered: 11/21/2022) (1) |
| Nov 17, 2022 | 38 | MOTION by Defendants BMW of North America, LLC, Bayerische Motoren Werke AG for extension of time to file answer regarding amended complaint, 37 - Agreed Motion For An Extension Of Time To Respond To Second Amended Complaint - (Biggs, Brian) (Entered: 11/17/2022) (3) |
| Nov 7, 2022 | 1 | Amended Complaint* (1) |
| Nov 7, 2022 | 36 | MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for leave to file a first amended complaint (Dckt. No. 35 ) is hereby granted as follows. Plaintiff filed the first amended complaint without permission. So the first amended complaint (Dckt. No. 32 ) is stricken. Plaintiff should rename the latest version of the complaint as the second amended complaint. Plaintiff has leave to file the second amended complaint as a freestanding docket entry by November 9, 2022. In light of that forthcoming pleading, the motion to dismiss (Dckt. No. 18 ) is hereby denied as moot. Mailed notice (jjr, ) (Docket Text Modified on 11/8/2022) (jjr, ). (Entered: 11/07/2022) (1) |
| Nov 7, 2022 | 37 | Second AMENDED complaint by Michigan Motor Technologies, LLC against BMW of North America, LLC, Bayerische Motoren Werke AG (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 11/07/2022) (Main Document) (10) |
| Nov 7, 2022 | 37 | Second AMENDED complaint by Michigan Motor Technologies, LLC against BMW of North America, LLC, Bayerische Motoren Werke AG (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 11/07/2022) (Exhibit 1) (7) |
| Nov 7, 2022 | 37 | Second AMENDED complaint by Michigan Motor Technologies, LLC against BMW of North America, LLC, Bayerische Motoren Werke AG (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 11/07/2022) (Exhibit 2) (18) |
| Nov 7, 2022 | 37 | Second AMENDED complaint by Michigan Motor Technologies, LLC against BMW of North America, LLC, Bayerische Motoren Werke AG (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 11/07/2022) (Exhibit 3) (17) |
| Nov 7, 2022 | 37 | Second AMENDED complaint by Michigan Motor Technologies, LLC against BMW of North America, LLC, Bayerische Motoren Werke AG (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 11/07/2022) (Exhibit 4) (8) |
| Nov 7, 2022 | 37 | Second AMENDED complaint by Michigan Motor Technologies, LLC against BMW of North America, LLC, Bayerische Motoren Werke AG (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 11/07/2022) (Exhibit 5) (17) |
| Nov 7, 2022 | 37 | Second AMENDED complaint by Michigan Motor Technologies, LLC against BMW of North America, LLC, Bayerische Motoren Werke AG (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 11/07/2022) (Exhibit 6) (21) |
| Nov 7, 2022 | 37 | Second AMENDED complaint by Michigan Motor Technologies, LLC against BMW of North America, LLC, Bayerische Motoren Werke AG (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 11/07/2022) (Exhibit 7) (8) |
| Nov 7, 2022 | 37 | Second AMENDED complaint by Michigan Motor Technologies, LLC against BMW of North America, LLC, Bayerische Motoren Werke AG (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 11/07/2022) (Exhibit 8) (21) |
| Nov 7, 2022 | 37 | Second AMENDED complaint by Michigan Motor Technologies, LLC against BMW of North America, LLC, Bayerische Motoren Werke AG (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 11/07/2022) (Exhibit 9) (24) |
| Nov 7, 2022 | 37 | Second AMENDED complaint by Michigan Motor Technologies, LLC against BMW of North America, LLC, Bayerische Motoren Werke AG (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 11/07/2022) (Exhibit 10) (7) |
| Nov 7, 2022 | 37 | Second AMENDED complaint by Michigan Motor Technologies, LLC against BMW of North America, LLC, Bayerische Motoren Werke AG (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 11/07/2022) (Exhibit 11) (16) |
| Nov 7, 2022 | 37 | Second AMENDED complaint by Michigan Motor Technologies, LLC against BMW of North America, LLC, Bayerische Motoren Werke AG (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 11/07/2022) (Exhibit 12) (16) |
| Nov 7, 2022 | 37 | Second AMENDED complaint by Michigan Motor Technologies, LLC against BMW of North America, LLC, Bayerische Motoren Werke AG (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 11/07/2022) (Exhibit 13) (15) |
| Nov 7, 2022 | 37 | Second AMENDED complaint by Michigan Motor Technologies, LLC against BMW of North America, LLC, Bayerische Motoren Werke AG (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 11/07/2022) (Exhibit 14) (18) |
| Nov 7, 2022 | 37 | Second AMENDED complaint by Michigan Motor Technologies, LLC against BMW of North America, LLC, Bayerische Motoren Werke AG (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 11/07/2022) (Exhibit 15) (24) |
| Nov 7, 2022 | 37 | Second AMENDED complaint by Michigan Motor Technologies, LLC against BMW of North America, LLC, Bayerische Motoren Werke AG (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 11/07/2022) (Exhibit 16) (7) |
| Nov 7, 2022 | 37 | Second AMENDED complaint by Michigan Motor Technologies, LLC against BMW of North America, LLC, Bayerische Motoren Werke AG (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 11/07/2022) (Exhibit 17) (30) |
| Nov 3, 2022 | 35 | MOTION by Plaintiff Michigan Motor Technologies, LLC for leave to file Amended Complaint (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Benchell, Neil) (Entered: 11/03/2022) (Main Document) (3) |
| Nov 3, 2022 | 35 | MOTION by Plaintiff Michigan Motor Technologies, LLC for leave to file Amended Complaint (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Benchell, Neil) (Entered: 11/03/2022) (Exhibit A) (11) |
| Nov 3, 2022 | 35 | MOTION by Plaintiff Michigan Motor Technologies, LLC for leave to file Amended Complaint (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Benchell, Neil) (Entered: 11/03/2022) (Text of Proposed Order) (1) |
| Oct 31, 2022 | 34 | MINUTE entry before the Honorable Steven C. Seeger: On October 24, 2022, Plaintiff filed a first amended complaint, without filing a motion for leave to do so. (Dckt. No. 32 ) Rule 15 does allow a plaintiff to file an amended complaint as of right, but there is a time limit of 21 days after service. See Fed. R. Civ. P. 15(a)(1)(A). Otherwise, a plaintiff needs leave of Court or written consent of the other side. And here, Plaintiff received neither. This Court did not grant Plaintiff leave to file an amended complaint, and the docket gives no indication that Defendants consented. By November 4, 2022, Plaintiff must file a motion for leave to file the first amended complaint. Otherwise, the Court will strike it. Separately, the Court reviewed Plaintiff's statement. (Dckt. No. 33 ) Plaintiff believes that service on the domestic subsidiary is a sufficient basis for service of process on the foreign parent. There is no pending motion on that issue, and the other side has not weighed in, so this Court will not weigh in either. Mailed notice (jjr, ) (Entered: 10/31/2022) (1) |
| Oct 26, 2022 | 33 | Addressing Dkt. No. 30 STATEMENT by Michigan Motor Technologies, LLC (Attachments: # 1 Exhibit 1 - Proposed Stipulation of Dismissal)(Benchell, Neil) (Entered: 10/26/2022) (Main Document) (5) |
| Oct 26, 2022 | 33 | Addressing Dkt. No. 30 STATEMENT by Michigan Motor Technologies, LLC (Attachments: # 1 Exhibit 1 - Proposed Stipulation of Dismissal)(Benchell, Neil) (Entered: 10/26/2022) (Exhibit 1 - Proposed Stipulation of Dismissal) (3) |
| Oct 24, 2022 | 1 | Amended Complaint* (1) |
| Oct 24, 2022 | 32 | FIRST AMENDED complaint by Michigan Motor Technologies, LLC against All Defendants for patent infringement (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 10/24/2022) (Main Document) (10) |
| Oct 24, 2022 | 32 | FIRST AMENDED complaint by Michigan Motor Technologies, LLC against All Defendants for patent infringement (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 10/24/2022) (Exhibit 1) (7) |
| Oct 24, 2022 | 32 | FIRST AMENDED complaint by Michigan Motor Technologies, LLC against All Defendants for patent infringement (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 10/24/2022) (Exhibit 2) (18) |
| Oct 24, 2022 | 32 | FIRST AMENDED complaint by Michigan Motor Technologies, LLC against All Defendants for patent infringement (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 10/24/2022) (Exhibit 3) (17) |
| Oct 24, 2022 | 32 | FIRST AMENDED complaint by Michigan Motor Technologies, LLC against All Defendants for patent infringement (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 10/24/2022) (Exhibit 4) (8) |
| Oct 24, 2022 | 32 | FIRST AMENDED complaint by Michigan Motor Technologies, LLC against All Defendants for patent infringement (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 10/24/2022) (Exhibit 5) (17) |
| Oct 24, 2022 | 32 | FIRST AMENDED complaint by Michigan Motor Technologies, LLC against All Defendants for patent infringement (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 10/24/2022) (Exhibit 6) (21) |
| Oct 24, 2022 | 32 | FIRST AMENDED complaint by Michigan Motor Technologies, LLC against All Defendants for patent infringement (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 10/24/2022) (Exhibit 7) (8) |
| Oct 24, 2022 | 32 | FIRST AMENDED complaint by Michigan Motor Technologies, LLC against All Defendants for patent infringement (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 10/24/2022) (Exhibit 8) (21) |
| Oct 24, 2022 | 32 | FIRST AMENDED complaint by Michigan Motor Technologies, LLC against All Defendants for patent infringement (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 10/24/2022) (Exhibit 9) (24) |
| Oct 24, 2022 | 32 | FIRST AMENDED complaint by Michigan Motor Technologies, LLC against All Defendants for patent infringement (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 10/24/2022) (Exhibit 10) (7) |
| Oct 24, 2022 | 32 | FIRST AMENDED complaint by Michigan Motor Technologies, LLC against All Defendants for patent infringement (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 10/24/2022) (Exhibit 11) (16) |
| Oct 24, 2022 | 32 | FIRST AMENDED complaint by Michigan Motor Technologies, LLC against All Defendants for patent infringement (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 10/24/2022) (Exhibit 12) (16) |
| Oct 24, 2022 | 32 | FIRST AMENDED complaint by Michigan Motor Technologies, LLC against All Defendants for patent infringement (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 10/24/2022) (Exhibit 13) (15) |
| Oct 24, 2022 | 32 | FIRST AMENDED complaint by Michigan Motor Technologies, LLC against All Defendants for patent infringement (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 10/24/2022) (Exhibit 14) (18) |
| Oct 24, 2022 | 32 | FIRST AMENDED complaint by Michigan Motor Technologies, LLC against All Defendants for patent infringement (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 10/24/2022) (Exhibit 15) (24) |
| Oct 24, 2022 | 32 | FIRST AMENDED complaint by Michigan Motor Technologies, LLC against All Defendants for patent infringement (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 10/24/2022) (Exhibit 16) (7) |
| Oct 24, 2022 | 32 | FIRST AMENDED complaint by Michigan Motor Technologies, LLC against All Defendants for patent infringement (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Benchell, Neil) (Entered: 10/24/2022) (Exhibit 17) (30) |
| Oct 14, 2022 | 30 | MINUTE entry before the Honorable Steven C. Seeger: The agreed motion for an extension of time (Dckt. No. 29 ) is hereby granted. BMW AG's response to the complaint is due by October 31, 2022. (The Court added a few days, to give the parties a little more space.). The parties have a dispute about whether BMW AG was already served. MMT believes that BMW AG was served through a wholly owned subsidiary (BMW of North America, LLC) on September 2, 2022. BMW AG believes that service of process was ineffective, and it insists on receiving service of process through the Hague Convention, which is its right under the Hague Convention. In the meantime, MMT has proposed a dismissal of BMW AG. By October 26, 2022, if the parties have not agreed on the dismissal of BMW AG by that point, MMT must file a statement and address a few questions. First, why is BMW AG in this case at all? Why isn't the American subsidiary enough? Maybe there is a good reason, but if so, the Court wants to hear it. Second, is there any authority for the proposition that a plaintiff can effectuate service of process on a foreign corporation by serving a domestic subsidiary? Third, has MMT begun the process of serving BMW AG under the Hague Convention? If so, when did that process begin? If not, why not? As an aside, BMW AG has dropped a few footnotes in a few filings to make the point that a limited appearance for the purpose of addressing or challenging service of process (or seeking extra time to do so) is not a waiver of service. To put BMW AG at ease, the Court agrees. Mailed notice (jjr, ) (Entered: 10/14/2022) (1) |
| Oct 14, 2022 | 31 | MINUTE entry before the Honorable Steven C. Seeger: On October 3, 2022, this Court granted Plaintiff's motion for an extension of time to file a response to the motion to dismiss. (Dckt. No. 25 ) That response is due by October 28, 2022. The Court sua sponte grants a comparable extension for the reply. The reply is due by November 14, 2022. Mailed notice (jjr, ) (Entered: 10/14/2022) (1) |
| Oct 12, 2022 | 29 | MOTION by Defendant Bayerische Motoren Werke AG for extension of time - Agreed Motion For An Extension Of Time To Respond To Complaint - (Biggs, Brian) (Entered: 10/12/2022) (4) |
| Oct 11, 2022 | 27 | Defendants' Statement Regarding Their Position Regarding Plaintiffs' Failure To Serve Through The Hague Convention - STATEMENT by BMW of North America, LLC, Bayerische Motoren Werke AG (Biggs, Brian) (Entered: 10/11/2022) (4) |
| Oct 11, 2022 | 28 | STATUS Report by Michigan Motor Technologies, LLC (Benchell, Neil) (Entered: 10/11/2022) (7) |
| Oct 3, 2022 | 25 | MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for an extension of time (Dckt. No. 23 ) is hereby granted. The response to the motion to dismiss is due by October 28, 2022. Mailed notice (jjr, ) (Entered: 10/03/2022) (1) |
| Oct 3, 2022 | 26 | MINUTE entry before the Honorable Steven C. Seeger: The agreed motion for an extension of time (Dckt. No. 24 ) is hereby granted. BMW AG's response to the complaint is due by October 12, 2022. BMW AG "does not believe that it has been properly served and seeks this extension to further consider whether Plaintiff's service is effective." As a general matter, the Court expects parties to cooperate on service of process, including waiving service unless there is a good reason not to. Here, it does not appear that there is a statute of limitations problem, or any comparable reason not to agree to waive service. Maybe there is some nuance that the Court is missing. If not, then the Court directs Defendants to give some serious thought to waiving service, if there is an issue about whether service was effective. The issue should be a non-issue. By October 11, 2022, Defendants must file an update on their position about service of process. Mailed notice (jjr, ) (Docket Text Modified on 10/5/2022) (jjr, ). (Entered: 10/03/2022) (1) |
| Sep 29, 2022 | 23 | MOTION by Plaintiff Michigan Motor Technologies, LLC for extension of time to file response/reply as to Motion to Dismiss for Failure to State a Claim 18 (Attachments: # 1 Text of Proposed Order)(Benchell, Neil) (Entered: 09/29/2022) (Main Document) (2) |
| Sep 29, 2022 | 24 | MOTION by Defendant Bayerische Motoren Werke AG for extension of time - Agreed Motion For An Extension Of Time To Respond To Complaint - (Steadman, Paul) (Entered: 09/29/2022) (4) |
| Sep 29, 2022 | 23 | MOTION by Plaintiff Michigan Motor Technologies, LLC for extension of time to file response/reply as to Motion to Dismiss for Failure to State a Claim 18 (Attachments: # 1 Text of Proposed Order)(Benchell, Neil) (Entered: 09/29/2022) (Text of Proposed Order) (1) |
| Sep 15, 2022 | 21 | MINUTE entry before the Honorable Steven C. Seeger: The motion for leave to appear pro hac vice (Dckt. No. 17 ) is granted. Attorney Brian Biggs is added as counsel for BMW of North America, LLC. Mailed notice. (jjr, ) (Entered: 09/15/2022) (1) |
| Sep 15, 2022 | 22 | MINUTE entry before the Honorable Steven C. Seeger: The Court sets the following briefing schedule on defendant's motion to dismiss (Dckt. No. 18 ). Plaintiff's response is due by October 13, 2022. Defendant's reply is due by October 27, 2022. Mailed notice. (jjr, ) (Entered: 09/15/2022) (1) |
| Sep 14, 2022 | 16 | ATTORNEY Appearance for Defendant BMW of North America, LLC by Paul R. Steadman (Steadman, Paul) (Entered: 09/14/2022) (1) |
| Sep 14, 2022 | 17 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19841146. on behalf of BMW of North America, LLC (Biggs, Brian) (Entered: 09/14/2022) (4) |
| Sep 14, 2022 | 18 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant BMW of North America, LLC (Steadman, Paul) (Entered: 09/14/2022) (3) |
| Sep 14, 2022 | 19 | MEMORANDUM by BMW of North America, LLC in support of Motion to Dismiss for Failure to State a Claim 18 - Opening Brief In Support Of BMW Of North America, LLC's Motion To Dismiss Michigan Motor Technologies, LLC's Complaint - (Steadman, Paul) (Entered: 09/14/2022) (16) |
| Sep 14, 2022 | 20 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by BMW of North America, LLC (Steadman, Paul) (Entered: 09/14/2022) (5) |
| Sep 6, 2022 | 15 | MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion to withdraw the return of executed summons (Dckt. No. 13 ) is hereby granted. The return of summons (Dckt. No. 8 ) is hereby withdrawn. Plaintiff then filed a new return of summons (Dckt. No. 14 ). So, as the Court understands the lay of the land, Defendant Bayerische Motoren Werke, AG was, in fact, served with process. Mailed notice. (jjr, ) (Entered: 09/06/2022) (1) |
| Sep 2, 2022 | 14 | SUMMONS Returned Executed by Michigan Motor Technologies, LLC as to Bayerische Motoren Werke AG on 8/31/2022, answer due 9/21/2022. (Benchell, Neil) (Entered: 09/02/2022) (2) |
| Sep 1, 2022 | 12 | NOTICE of Correction regarding 11 (exr, ) (Entered: 09/01/2022) (1) |
| Sep 1, 2022 | 13 | MOTION by Plaintiff Michigan Motor Technologies, LLC to withdraw summons returned executed 8 (Attachments: # 1 Text of Proposed Order)(Benchell, Neil) (Entered: 09/01/2022) (Main Document) (2) |
| Sep 1, 2022 | 13 | MOTION by Plaintiff Michigan Motor Technologies, LLC to withdraw summons returned executed 8 (Attachments: # 1 Text of Proposed Order)(Benchell, Neil) (Entered: 09/01/2022) (Text of Proposed Order) (1) |
| Aug 30, 2022 | 11 | ENTERED IN ERROR Modified on 9/1/2022 (exr, ). (Entered: 08/30/2022) (Main Document) (2) |
| Aug 30, 2022 | 11 | ENTERED IN ERROR Modified on 9/1/2022 (exr, ). (Entered: 08/30/2022) (Text of Proposed Order) (1) |
| Aug 15, 2022 | 9 | MOTION by Plaintiff Michigan Motor Technologies, LLC for extension of time to file answer regarding complaint, 1 to September 14, 2022. (Attachments: # 1 Text of Proposed Order)(Benchell, Neil) (Entered: 08/15/2022) (Main Document) (2) |
| Aug 15, 2022 | 10 | MINUTE entry before the Honorable Steven C. Seeger: The agreed motion for initial extension of time to answer (Dckt. No. 9 ) is granted. Defendant shall respond to plaintiff's complaint by September 14, 2022. Mailed notice. (jjr, ) (Entered: 08/15/2022) (1) |
| Aug 15, 2022 | 9 | MOTION by Plaintiff Michigan Motor Technologies, LLC for extension of time to file answer regarding complaint, 1 to September 14, 2022. (Attachments: # 1 Text of Proposed Order)(Benchell, Neil) (Entered: 08/15/2022) (Text of Proposed Order) (1) |
| Aug 12, 2022 | 8 | SUMMONS Returned Executed by Michigan Motor Technologies, LLC as to Bayerische Motoren Werke AG on 8/12/2022, answer due 9/2/2022. (Benchell, Neil) (Entered: 08/12/2022) (3) |
| Jul 26, 2022 | 7 | MAILED Patent report to Patent Trademark Office, Alexandria VA. (jh, ) (Entered: 07/26/2022) (30) |
| Jul 25, 2022 | 5 | SUMMONS Returned Executed by Michigan Motor Technologies, LLC as to BMW of North America, LLC on 7/25/2022, answer due 8/15/2022. (Benchell, Neil) (Entered: 07/25/2022) (2) |
| Jul 25, 2022 | 6 | MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by October 10, 2022. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. The parties must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court. First, the parties must file the Joint Initial Status Report under Rule 26(f) on the docket. A Word version of the Joint Initial Status Report is available on the Court's website. All parties must participate in the preparation and filing of the Joint Initial Status Report. The Court requires a joint report, so a filing by one side or the other is not sufficient. Second, the parties must email a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Lead counsel for the parties must participate in filing the initial status report. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties must discuss settlement in good faith and make a serious attempt to resolve this case amicably. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. Mailed notice. (jjr, ) (Entered: 07/25/2022) (1) |
| Jul 22, 2022 | 1 | Complaint* (1) |
| Jul 22, 2022 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (ak, ) |
| Jul 22, 2022 | 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. (ak, ) Filed & Entered: 07/22/2022 summons issued Docket Text: SUMMONS Issued as to Defendants BMW of North America, LLC, Bayerische Motoren Werke AG (ak, ) 1 Filed & Entered: 07/22/2022 complaint Docket Text: COMPLAINT filed by Michigan Motor Technologies, LLC; Jury Demand. Filing fee $ 402, receipt number AILNDC-19674201. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 11, # (12) Exhibit 12)(Benchell, Neil) 2 Filed & Entered: 07/22/2022 civil cover sheet Docket Text: CIVIL Cover Sheet (Benchell, Neil) 3 Filed & Entered: 07/22/2022 attorney appearance Docket Text: ATTORNEY Appearance for Plaintiff Michigan Motor Technologies, LLC by Neil A Benchell (Benchell, Neil) 4 Filed & Entered: 07/22/2022 other Docket Text: CORPORATE DISCLOSURE STATEMENT by Michigan Motor Technologies, LLC (Benchell, Neil) 5 Filed & Entered: 07/25/2022 summons returned executed Docket Text: SUMMONS Returned Executed by Michigan Motor Technologies, LLC as to BMW of North America, LLC on 7/25/2022, answer due 8/15/2022. (Benchell, Neil) 6 Filed & Entered: 07/25/2022 text entry Docket Text: MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by October 10, 2022. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. The parties must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court. First, the parties must file the Joint Initial Status Report under Rule 26(f) on the docket. A Word version of the Joint Initial Status Report is available on the Court's website. All parties must participate in the preparation and filing of the Joint Initial Status Report. The Court requires a joint report, so a filing by one side or the other is not sufficient. Second, the parties must email a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Lead counsel for the parties must participate in filing the initial status report. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties must discuss settlement in good faith and make a serious attempt to resolve this case amicably. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. Mailed notice. (jjr, ) 7 Filed & Entered: 07/26/2022 Patent/Trademark report Docket Text: MAILED Patent report to Patent Trademark Office, Alexandria VA. (jh, ) 8 Filed & Entered: 08/12/2022 summons returned executed Docket Text: SUMMONS Returned Executed by Michigan Motor Technologies, LLC as to Bayerische Motoren Werke AG on 8/12/2022, answer due 9/2/2022. (Benchell, Neil) 9 Filed & Entered: 08/15/2022Terminated: 08/15/2022 motion for extension of time to file answer Docket Text: MOTION by Plaintiff Michigan Motor Technologies, LLC for extension of time to file answer regarding complaint, [1] to September 14, 2022. (Attachments: # (1) Text of Proposed Order)(Benchell, Neil) 10 Filed & Entered: 08/15/2022 order on motion for extension of time to answer Docket Text: MINUTE entry before the Honorable Steven C. Seeger: The agreed motion for initial extension of time to answer (Dckt. No. [9]) is granted. Defendant shall respond to plaintiff's complaint by September 14, 2022. Mailed notice. (jjr, ) 11 Filed & Entered: 08/30/2022Terminated: 09/01/2022 motion to withdraw Docket Text: ENTERED IN ERROR Modified on 9/1/2022 (exr, ). 12 Filed & Entered: 09/01/2022 notice of correction Docket Text: NOTICE of Correction regarding [11] (exr, ) 13 Filed & Entered: 09/01/2022Terminated: 09/06/2022 motion to withdraw Docket Text: MOTION by Plaintiff Michigan Motor Technologies, LLC to withdraw summons returned executed[8] (Attachments: # (1) Text of Proposed Order)(Benchell, Neil) 14 Filed & Entered: 09/02/2022 summons returned executed Docket Text: SUMMONS Returned Executed by Michigan Motor Technologies, LLC as to Bayerische Motoren Werke AG on 8/31/2022, answer due 9/21/2022. (Benchell, Neil) 15 Filed & Entered: 09/06/2022 order on motion to withdraw Docket Text: MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion to withdraw the return of executed summons (Dckt. No. [13]) is hereby granted. The return of summons (Dckt. No. [8]) is hereby withdrawn. Plaintiff then filed a new return of summons (Dckt. No. [14]). So, as the Court understands the lay of the land, Defendant Bayerische Motoren Werke, AG was, in fact, served with process. Mailed notice. (jjr, ) 16 Filed & Entered: 09/14/2022 attorney appearance Docket Text: ATTORNEY Appearance for Defendant BMW of North America, LLC by Paul R. Steadman (Steadman, Paul) 17 Filed & Entered: 09/14/2022Terminated: 09/15/2022 motion to appear pro hac vice Docket Text: MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19841146. on behalf of BMW of North America, LLC (Biggs, Brian) 18 Filed & Entered: 09/14/2022Terminated: 11/07/2022 Motion to Dismiss for Failure to State a Claim Docket Text: MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant BMW of North America, LLC (Steadman, Paul) 19 Filed & Entered: 09/14/2022 memorandum in support of motion Docket Text: MEMORANDUM by BMW of North America, LLC in support of Motion to Dismiss for Failure to State a Claim[18] - Opening Brief In Support Of BMW Of North America, LLC's Motion To Dismiss Michigan Motor Technologies, LLC's Complaint - (Steadman, Paul) 20 Filed & Entered: 09/14/2022 notification of affiliates pursuant to local rule 3.2 Docket Text: NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by BMW of North America, LLC (Steadman, Paul) 21 Filed & Entered: 09/15/2022 order on motion to appear pro hac vice Docket Text: MINUTE entry before the Honorable Steven C. Seeger: The motion for leave to appear pro hac vice (Dckt. No. [17]) is granted. Attorney Brian Biggs is added as counsel for BMW of North America, LLC. Mailed notice. (jjr, ) 22 Filed & Entered: 09/15/2022 set motion and R&R deadlines/hearings Docket Text: MINUTE entry before the Honorable Steven C. Seeger: The Court sets the following briefing schedule on defendant's motion to dismiss (Dckt. No. [18]). Plaintiff's response is due by October 13, 2022. Defendant's reply is due by October 27, 2022. Mailed notice. (jjr, ) 23 Filed & Entered: 09/29/2022Terminated: 10/03/2022 motion for extension of time to file response/reply Docket Text: MOTION by Plaintiff Michigan Motor Technologies, LLC for extension of time to file response/reply as to Motion to Dismiss for Failure to State a Claim[18] (Attachments: # (1) Text of Proposed Order)(Benchell, Neil) 24 Filed & Entered: 09/29/2022Terminated: 10/03/2022 extension of time Docket Text: MOTION by Defendant Bayerische Motoren Werke AG for extension of time - Agreed Motion For An Extension Of Time To Respond To Complaint - (Steadman, Paul) 25 Filed & Entered: 10/03/2022 order on motion for extension of time to file response/reply Docket Text: MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for an extension of time (Dckt. No. [23]) is hereby granted. The response to the motion to dismiss is due by October 28, 2022. Mailed notice (jjr, ) 26 Filed & Entered: 10/03/2022 order on motion for extension of time Docket Text: MINUTE entry before the Honorable Steven C. Seeger: The agreed motion for an extension of time (Dckt. No. [24]) is hereby granted. BMW AG's response to the complaint is due by October 12, 2022. BMW AG "does not believe that it has been properly served and seeks this extension to further consider whether Plaintiff's service is effective." As a general matter, the Court expects parties to cooperate on service of process, including waiving service unless there is a good reason not to. Here, it does not appear that there is a statute of limitations problem, or any comparable reason not to agree to waive service. Maybe there is some nuance that the Court is missing. If not, then the Court directs Defendants to give some serious thought to waiving service, if there is an issue about whether service was effective. The issue should be a non-issue. By October 11, 2022, Defendants must file an update on their position about service of process. Mailed notice (jjr, ) (Docket Text Modified on 10/5/2022) (jjr, ). 27 Filed & Entered: 10/11/2022 statement Docket Text: Defendants' Statement Regarding Their Position Regarding Plaintiffs' Failure To Serve Through The Hague Convention - STATEMENT by BMW of North America, LLC, Bayerische Motoren Werke AG (Biggs, Brian) 28 Filed & Entered: 10/11/2022 status report Docket Text: STATUS Report by Michigan Motor Technologies, LLC (Benchell, Neil) 29 Filed & Entered: 10/12/2022Terminated: 10/14/2022 extension of time Docket Text: MOTION by Defendant Bayerische Motoren Werke AG for extension of time - Agreed Motion For An Extension Of Time To Respond To Complaint - (Biggs, Brian) 30 Filed & Entered: 10/14/2022 order on motion for extension of time Docket Text: MINUTE entry before the Honorable Steven C. Seeger: The agreed motion for an extension of time (Dckt. No. [29]) is hereby granted. BMW AG's response to the complaint is due by October 31, 2022. (The Court added a few days, to give the parties a little more space.). The parties have a dispute about whether BMW AG was already served. MMT believes that BMW AG was served through a wholly owned subsidiary (BMW of North America, LLC) on September 2, 2022. BMW AG believes that service of process was ineffective, and it insists on receiving service of process through the Hague Convention, which is its right under the Hague Convention. In the meantime, MMT has proposed a dismissal of BMW AG. By October 26, 2022, if the parties have not agreed on the dismissal of BMW AG by that point, MMT must file a statement and address a few questions. First, why is BMW AG in this case at all? Why isn't the American subsidiary enough? Maybe there is a good reason, but if so, the Court wants to hear it. Second, is there any authority for the proposition that a plaintiff can effectuate service of process on a foreign corporation by serving a domestic subsidiary? Third, has MMT begun the process of serving BMW AG under the Hague Convention? If so, when did that process begin? If not, why not? As an aside, BMW AG has dropped a few footnotes in a few filings to make the point that a limited appearance for the purpose of addressing or challenging service of process (or seeking extra time to do so) is not a waiver of service. To put BMW AG at ease, the Court agrees. Mailed notice (jjr, ) 31 Filed & Entered: 10/14/2022 text entry Docket Text: MINUTE entry before the Honorable Steven C. Seeger: On October 3, 2022, this Court granted Plaintiff's motion for an extension of time to file a response to the motion to dismiss. (Dckt. No. [25]) That response is due by October 28, 2022. The Court sua sponte grants a comparable extension for the reply. The reply is due by November 14, 2022. Mailed notice (jjr, ) 32 Filed & Entered: 10/24/2022 amended complaint Docket Text: FIRST AMENDED complaint by Michigan Motor Technologies, LLC against All Defendants for patent infringement (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 11, # (12) Exhibit 12, # (13) Exhibit 13, # (14) Exhibit 14, # (15) Exhibit 15, # (16) Exhibit 16, # (17) Exhibit 17)(Benchell, Neil) 33 Filed & Entered: 10/26/2022 statement Docket Text: Addressing Dkt. No. 30 STATEMENT by Michigan Motor Technologies, LLC (Attachments: # (1) Exhibit 1 - Proposed Stipulation of Dismissal)(Benchell, Neil) 34 Filed & Entered: 10/31/2022 text entry Docket Text: MINUTE entry before the Honorable Steven C. Seeger: On October 24, 2022, Plaintiff filed a first amended complaint, without filing a motion for leave to do so. (Dckt. No. [32]) Rule 15 does allow a plaintiff to file an amended complaint as of right, but there is a time limit of 21 days after service. See Fed. R. Civ. P. 15(a)(1)(A). Otherwise, a plaintiff needs leave of Court or written consent of the other side. And here, Plaintiff received neither. This Court did not grant Plaintiff leave to file an amended complaint, and the docket gives no indication that Defendants consented. By November 4, 2022, Plaintiff must file a motion for leave to file the first amended complaint. Otherwise, the Court will strike it. Separately, the Court reviewed Plaintiff's statement. (Dckt. No. [33]) Plaintiff believes that service on the domestic subsidiary is a sufficient basis for service of process on the foreign parent. There is no pending motion on that issue, and the other side has not weighed in, so this Court will not weigh in either. Mailed notice (jjr, ) 35 Filed & Entered: 11/03/2022Terminated: 11/07/2022 motion for leave to file Docket Text: MOTION by Plaintiff Michigan Motor Technologies, LLC for leave to file Amended Complaint (Attachments: # (1) Exhibit A, # (2) Text of Proposed Order)(Benchell, Neil) 36 Filed & Entered: 11/07/2022 order on motion for leave to file Docket Text: MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for leave to file a first amended complaint (Dckt. No. [35]) is hereby granted as follows. Plaintiff filed the first amended complaint without permission. So the first amended complaint (Dckt. No. [32]) is stricken. Plaintiff should rename the latest version of the complaint as the second amended complaint. Plaintiff has leave to file the second amended complaint as a freestanding docket entry by November 9, 2022. In light of that forthcoming pleading, the motion to dismiss (Dckt. No. [18]) is hereby denied as moot. Mailed notice (jjr, ) (Docket Text Modified on 11/8/2022) (jjr, ). 37 Filed & Entered: 11/07/2022 amended complaint Docket Text: Second AMENDED complaint by Michigan Motor Technologies, LLC against BMW of North America, LLC, Bayerische Motoren Werke AG (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 11, # (12) Exhibit 12, # (13) Exhibit 13, # (14) Exhibit 14, # (15) Exhibit 15, # (16) Exhibit 16, # (17) Exhibit 17)(Benchell, Neil) |
| Jul 22, 2022 | 2 | CIVIL Cover Sheet (Benchell, Neil) (Entered: 07/22/2022) (2) |
| Jul 22, 2022 | 3 | ATTORNEY Appearance for Plaintiff Michigan Motor Technologies, LLC by Neil A Benchell (Benchell, Neil) (Entered: 07/22/2022) (1) |
| Jul 22, 2022 | 4 | CORPORATE DISCLOSURE STATEMENT by Michigan Motor Technologies, LLC (Benchell, Neil) (Entered: 07/22/2022) (1) |
