Case number 1:22-cv-03957
Michigan Motor Technologies LLC v. Mercedes-Benz USA, LLC > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Oct 3, 2023 | 58 | MINUTE entry before the Honorable John Robert Blakey: The Court grants the parties joint motion to dismiss 57 , dismisses this case without prejudice under Rule 41(a), and strikes all set dates and deadlines. Absent reinstatement, this dismissal will automatically convert to a dismissal with prejudice on 10/31/23. Mailed notice (gel, ) (Entered: 10/03/2023) (1) |
| Sep 29, 2023 | 57 | MOTION by Plaintiff Michigan Motor Technologies LLC to dismiss (Attachments: # 1 Text of Proposed Order)(Benchell, Neil) (Entered: 09/29/2023) (0) |
| Sep 15, 2023 | 56 | MINUTE entry before the Honorable John Robert Blakey: The Court grants Defendant Mercedes-Benz Group AG's unopposed motion to extend time 55 and orders this Defendant to respond to the complaint by 10/5/23. The Court reminds Defendant that all motions must be noticed for presentment. Mailed notice (gel, ) (Entered: 09/15/2023) (1) |
| Sep 11, 2023 | 55 | MOTION by Defendant Mercedes-Benz Group AG for extension of time to file response/reply as to amended complaint, 29 Unopposed (Todd, Seth) (Entered: 09/11/2023) (4) |
| Aug 7, 2023 | 54 | MINUTE entry before the Honorable John Robert Blakey: Having reviewed the parties' 8/4/23 status report 53 , the Court declines to set additional case management dates at this time. Instead, the Court will set dates as appropriate after the forthcoming motion to reassign and/or motion to stay are filed and resolved. Mailed notice (gel, ) (Entered: 08/07/2023) (1) |
| Aug 4, 2023 | 53 | STATUS Report Joint Status Report by Michigan Motor Technologies LLC (Benchell, Neil) (Entered: 08/04/2023) (4) |
| Jul 19, 2023 | 52 | PROTECTIVE Order Signed by the Honorable John Robert Blakey on 7/19/2023. Mailed notice(gel, ) (Entered: 07/19/2023) (30) |
| Jul 19, 2023 | 51 | MINUTE entry before the Honorable John Robert Blakey: The Court grants the parties' motion for entry of an agreed protective order 49 . Enter Protective Order. The parties shall file an updated status report by 8/4/23 proposing additional case management dates. Mailed notice (gel, ) (Entered: 07/19/2023) (1) |
| Jul 14, 2023 | 50 | ANSWER to amended complaint by Mercedes-Benz USA, LLC(Todd, Seth) (Entered: 07/14/2023) (9) |
| Jul 13, 2023 | 49 | MOTION by Plaintiff Michigan Motor Technologies LLC for protective order (Benchell, Neil) (Entered: 07/13/2023) (29) |
| Jul 10, 2023 | 48 | MINUTE entry before the Honorable John Robert Blakey: The Court has reviewed the parties' status report 47 and orders Defendant Mercedes Benz-USA to answer Counts I, II, and IV of the FAC 29 by 7/14/23. Mailed notice (smm) (Entered: 07/10/2023) (1) |
| Jul 7, 2023 | 47 | STATUS Report JOINT STATUS REPORT by Michigan Motor Technologies LLC (Benchell, Neil) (Entered: 07/07/2023) (4) |
| Jun 30, 2023 | 46 | MINUTE entry before the Honorable John Robert Blakey: The Court denies Plaintiff's motion for leave to amend 42 ; the Court rejected the arguments Plaintiff makes in support of its motion when it ruled on the prior motion to dismiss, see 41 . The parties' 7/7/23 status report deadline stands. Mailed notice (gel, ) (Entered: 06/30/2023) (1) |
| Jun 27, 2023 | 45 | REPLY by Michigan Motor Technologies LLC to MOTION by Plaintiff Michigan Motor Technologies LLC for leave to file amended complaint 42 (Benchell, Neil) (Entered: 06/27/2023) (5) |
| Jun 21, 2023 | 44 | RESPONSE by Mercedes-Benz USA, LLC in Opposition to MOTION by Plaintiff Michigan Motor Technologies LLC for leave to file amended complaint 42 (Attachments: # 1 Exhibit, # 2 Exhibit) (Todd, Seth) Modified on 6/22/2023 (jk2, ). (Entered: 06/21/2023) (0) |
| Jun 15, 2023 | 43 | Corrected Exhibit A to MOTION for Leave to File Amended Complaint by Michigan Motor Technologies LLC (Benchell, Neil) (Entered: 06/15/2023) (19) |
| Jun 14, 2023 | 42 | MOTION by Plaintiff Michigan Motor Technologies LLC for leave to file amended complaint (Attachments: # 1 Exhibit A)(Benchell, Neil) (Entered: 06/14/2023) (0) |
| Jun 8, 2023 | 41 | MINUTE entry before the Honorable John Robert Blakey: Plaintiff Michigan Motor Technologies holds a portfolio of patents, including U.S. Patent Nos. 6,557,540 (entitled "method of calculating a valve timing command for an engine"); 6,561,166 (entitled "purge fuel canister measurement method and system"); 6,581,565 (entitled "engine torque controller"); 6,581,574 (entitled "method for controlling fuel rail pressure"); 6,588,260 (entitled "electronic throttle disable control test system"); 6,736,122 (entitled "motor vehicle engine synchronization"); and 8,909,482 (entitled "device for measuring power consumption and performance with respect to the environment of a power-consuming unit"). In this lawsuit, it alleges that Defendants Mercedes-Benz USA, LLC and Mercedes-Benz Group AG have infringed at least claim 1 of each of those patents. Mercedes-Benz Group AG is not yet at issue; but Mercedes-Benz USA now moves to dismiss the operative complaint under Federal Rule 12(b)(6), see 35 , challenging the viability of the complaint by arguing that it fails to state a claim upon which relief may be granted. Defendant argues that Plaintiff fails to provide factual allegations that, accepted as true, state a claim for relief that is plausible on its face with respect to any infringement allegation. Defendant concedes that Plaintiff "identifies facts to allege that some limitations of each identified claim are met by the accused products," but argues that Plaintiff's allegations that other limitations are "highly likely" present in the accused products fail to meet federal pleading standards. The Court disagrees. For each asserted patent, Plaintiff attaches a claim chart explaining how it believes Defendants' instrumentality infringes each and every element of the asserted claims. For example, Plaintiff alleges that Defendant infringes each and evert element of claim 1 of the '540 patent; that claim recites: "A method for calculating a valve timing command for an engine of a vehicle, comprising: obtaining an engine performance command; receiving an environmental conditions signal; determining a valve feedforward term based on the engine performance command and the environmental conditions signal; receiving an engine performance feedback; calculating a valve feedback term based on the engine performance command and the engine performance feedback; and calculating a valve timing command based on the valve feedforward term and the valve feedback term." [29-1] at 7. And Plaintiff attaches a chart delineating each of these elements and describing how Defendant's accused instrumentality infringes each, using repair data and other information. See [29-2]. It is true that, for one element of the '540 (and for at least one element of the '166 patent, the '565 patent, the '574 patent, the '122 patent, and the '482 patent), Plaintiff concedes that specific information remains solely within Defendants' possession, but nonetheless alleges that the particular limitation is "highly likely present in the Accused Instrumentalities." E.g., [29-2] at 19. But such allegations are not improper under federal pleading standards. Under Rule 8(a)(2), a complaint must include "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R. Civ. P. 8(a)(2). The short and plain statement must "give the defendant fair notice of what the... claim is and the grounds upon which it rests." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). The complaint must "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.' " Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Twombly, 550 U.S. at 570). But "the plausibility requirement is not akin to a 'probability requirement at the pleading stage; it simply calls for enough facts to raise a reasonable expectation that discovery will reveal' that the defendant is liable for the misconduct alleged." In re Bill of Lading Transmission & Processing Sys. Pat. Litig., 681 F.3d 1323, 1341 (Fed. Cir. 2012) (quoting Twombly, 550 U.S. at 556). Plaintiff's complaint passes muster under this standard; the factual representations, including the examples and citations to data about Defendant's products and the references to information and data residing solely with Defendant, satisfy Twombly/Iqbal and Rule 8. See Atlas IP, LLC v. Exelon Corp., 189 F. Supp. 3d 768, 775 (N.D. Ill. 2016) ("given the investigation that Rule 11(b) requires before filing a complaint, it is difficult to imagine how an action for infringement could be brought without a tentative but nonetheless coherent theory of which claims are allegedly infringed and how the accused products practiceor, because Rule 11(b)(3) permits pleading on information and belief, may practiceeach of those claims' elements"); Arista Recs., LLC v. Doe 3, 604 F.3d 110, 120 (2d Cir. 2010) ("The Twombly plausibility standard, which applies to all civil actions, does not prevent a plaintiff from pleading facts alleged upon information and belief where the facts are peculiarly within the possession and control of the defendant, or where the belief is based on factual information that makes the inference of culpability plausible"). The Court thus declines to dismiss on this basis. Defendant also argues, however, that certain counts must be dismissed because Plaintiff failed to plead compliance with § 287. "Pursuant to 35 U.S.C. § 287(a), a patentee who makes or sells a patented article must mark his articles or notify infringers of his patent in order to recover damages." Arctic Cat Inc. v. Bombardier Recreational Prod. Inc., 876 F.3d 1350, 1365 (Fed. Cir. 2017). Although compliance with § 287(a) is a question of fact, whether Plaintiff has sufficiently pled compliance with § 287 is appropriate to address on a Rule 12(b)(6) motion. Pipp Mobile Storage Sys., Inc. v. Innovative Growers Equip., Inc., No. 21 C 2104, 2022 WL 157491, at *2 (N.D. Ill. Jan. 18, 2022) (citing Arctic Cat, 876 F.3d at 1366; Lans v. Digit. Equip. Corp., 252 F.3d 1320, 1328 (Fed. Cir. 2001)). The operative complaint does not mention § 287, and Plaintiff concedes that the patented devices and apparatuses are not marked. Plaintiff does allege that Defendant was "made aware of" the 565 patent, the '260 patent, and the '122 patent, as well as its "infringement thereof at least as early as the date of filing of this Complaint," 29 50, 72, 83. But these allegations fall short of satisfying § 287. See Lubby Holdings LLC v. Chung, 11 F.4th 1355, 1360 (Fed. Cir. 2021) ("[T]he actual notice requirement of § 287(a) is satisfied when the recipient is informed of the identity of the patent and the activity that is believed to be an infringement, accompanied by a proposal to abate the infringement, whether by license or otherwise."). Plaintiff also produced a 3/4/15 letter addressed to Daimler AG in Germany providing notice of the patents and the potential risk of infringement to non-licensees of the patented methods and products and offering a license to ameliorate such risk. But even if the Court could properly consider the letter at this stage, the letter does not establish actual notice on the part of the named Defendant. Accordingly, the Court grants Defendant's motion 35 in part, and dismisses the claims alleging infringement of patented devices and apparatuses (as opposed to methods) that is, Count III, Count V, Count VI, and Count VII. The dismissal is without prejudice, however, and if Plaintiff can amend these claims to allege actual notice, it may do so by 6/30/23. If Plaintiff declines to amend, it may proceed on Counts I, II, and IV, which allege infringement of methods not subject to § 287, and the parties shall file an updated status report by 7/7/23 concerning the status of Defendant Mercedes-Benz Group AG and providing an update on discovery. The Court will set additional case management dates once all parties are at issue. Mailed notice (gel, ) (Entered: 06/08/2023) (3) |
| Jun 6, 2023 | 40 | ATTORNEY Appearance for Plaintiff Michigan Motor Technologies LLC by Jason Michael Wejnert (Wejnert, Jason) (Entered: 06/06/2023) (1) |
| Jun 6, 2023 | 39 | STATUS Report JOINT STATUS REPORT by Michigan Motor Technologies LLC (Benchell, Neil) (Entered: 06/06/2023) (3) |
| May 31, 2023 | 38 | REPLY by Defendant Mercedes-Benz USA, LLC to response in opposition to motion, 37 reply in support of its motion to dismiss (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Todd, Seth) Modified on 6/1/2023 (jk2, ). (Entered: 05/31/2023) (0) |
| May 17, 2023 | 37 | MEMORANDUM of Law by Michigan Motor Technologies LLC in Opposition to MOTION by Defendant Mercedes-Benz USA, LLC to dismiss 35 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Benchell, Neil) Modified on 5/18/2023 (jk2, ). (Entered: 05/17/2023) (0) |
| Apr 24, 2023 | 36 | MINUTE entry before the Honorable John Robert Blakey: Plaintiff shall respond to Mercedes-Benz USA, LLC's motion to dismiss 35 by 5/17/23, and this Defendant shall file any reply by 5/31/23. The 5/3/23 Notice of Motion date is stricken. Mailed notice (mjc, ) (Entered: 04/24/2023) (1) |
| Apr 19, 2023 | 35 | MOTION by Defendant Mercedes-Benz USA, LLC to dismiss (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Todd, Seth) (Entered: 04/19/2023) (0) |
| Apr 19, 2023 | 34 | NOTICE of Motion by Seth B. Todd for presentment of before Honorable John Robert Blakey on 5/3/2023 at 11:00 AM. (Todd, Seth) (Entered: 04/19/2023) (3) |
| Apr 19, 2023 | 33 | MINUTE entry before the Honorable John Robert Blakey: The Court grants Defendant's motion to clarify 30 : to the extent necessary, the Court clarifies that its prior order allowing Plaintiff to amend in no way impacted Plaintiff's obligations for service of process. The amended complaint names MERCEDES-BENZ USA, LLC, and MERCEDES-BENZ GROUP AG, and Plaintiff must comply with the Federal Rules (and any relevant conventions) in effecting service. The Court's order 28 presumed service on the date of filing. Because it appears that Plaintiff may not have effected service that day, the Court strikes the responsive pleading deadline; instead, Defendants shall respond to the amended complaint as provided in Rule 12. The Court grants the pro hac vice motions filed by Alexander Rudis 31 and Seth Todd 32 . The Court reminds the parties that all motions must be noticed for presentment. The 6/6/23 status report deadline stands. Mailed notice (gel, ) (Entered: 04/19/2023) (1) |
| Apr 7, 2023 | 32 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20521387. (Todd, Seth) (Entered: 04/07/2023) (2) |
| Apr 6, 2023 | 31 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20519311. (Rudis, Alexander) (Entered: 04/06/2023) (2) |
| Mar 28, 2023 | 30 | MOTION by Defendant Mercedes-Benz USA, LLC to clarify Court's Minute Entry (Gerchick, Jeffrey) (Entered: 03/28/2023) (6) |
| Mar 27, 2023 | 1 | Amended Complaint* (1) |
| Mar 27, 2023 | 29 | FIRST AMENDED complaint by Michigan Motor Technologies LLC against Mercedes-Benz USA, LLC, Mercedes-Benz Group 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)(Benchell, Neil) (Entered: 03/27/2023) (0) |
| Mar 27, 2023 | 28 | MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's unopposed motion for leave to file an amended complaint 27 , directs Plaintiff to file the amended complaint [27-1] as a separate docket entry, and directs Defendants to respond to the amended complaint by 4/19/23. In light of the amended complaint, the Court denies without prejudice Defendant's motion to dismiss 12 , which challenges the prior version of the complaint. All set dates and deadlines stand, see 26 . Additionally, the parties shall file an updated status report by 6/6/23, proposing additional case management dates. Mailed notice (gel, ) (Entered: 03/27/2023) (1) |
| Mar 16, 2023 | 27 | MOTION by Plaintiff Michigan Motor Technologies LLC for leave to file First Amended Complaint (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Text of Proposed Order)(Benchell, Neil) (Entered: 03/16/2023) (0) |
| Mar 6, 2023 | 26 | MINUTE entry before the Honorable John Robert Blakey: The Court adopts the parties' proposed schedule, see 25 , and enters additional case management dates as follows: the parties shall serve initial infringement contentions by 3/31/23, serve initial non-infringement, unenforceability and invalidity contentions by 4/28/23, produce documents supporting such contentions by 5/12/23, and serve initial responses to non-infringement and invalidity contentions by 5/26/23. The Court will rule on the pending motion to dismiss in due course. Mailed notice (gel, ) (Entered: 03/06/2023) (1) |
| Feb 28, 2023 | 25 | STATUS Report - Joint Status Report by Michigan Motor Technologies LLC (Benchell, Neil) (Entered: 02/28/2023) (2) |
| Dec 29, 2022 | 24 | 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: 12/30/2022) (1) |
| Dec 9, 2022 | 23 | REPLY by Defendant Mercedes-Benz USA, LLC to Response 18 (Gerchick, Jeffrey) (Entered: 12/09/2022) (18) |
| Dec 8, 2022 | 22 | MINUTE entry before the Honorable John Robert Blakey: Jeffrey Gerchick's motion for leave to appear pro hac vice 21 is granted. Mailed notice (gel, ) (Entered: 12/08/2022) (1) |
| Dec 7, 2022 | 21 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20118561. (Attachments: # 1 Supplement Additional Courts)(Gerchick, Jeffrey) (Entered: 12/07/2022) (0) |
| Nov 28, 2022 | 20 | MINUTE entry before the Honorable John Robert Blakey: The Court grants Defendant's unopposed motion to extend time 19 ; Defendant shall file its reply by 12/9/22. Mailed notice (gel, ) (Entered: 11/28/2022) (1) |
| Nov 22, 2022 | 19 | MOTION by Defendant Mercedes-Benz USA, LLC for extension of time to file response/reply as to Response 18 (Attachments: # 1 Text of Proposed Order)(Nelson, David) (Entered: 11/22/2022) (Text of Proposed Order) (1) |
| Nov 22, 2022 | 19 | MOTION by Defendant Mercedes-Benz USA, LLC for extension of time to file response/reply as to Response 18 (Attachments: # 1 Text of Proposed Order)(Nelson, David) (Entered: 11/22/2022) (Main Document) (3) |
| Nov 18, 2022 | 18 | RESPONSE by Plaintiff Michigan Motor Technologies LLC PLAINTIFF'S RESPONSE IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS (Benchell, Neil) (Entered: 11/18/2022) (19) |
| Oct 5, 2022 | 17 | MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's unopposed motion to extend time 16 ; Plaintiff shall respond to Defendant's motion to dismiss 12 by 11/18/22, and Defendant shall file any reply by 12/2/22. Additionally, the parties shall exchange Rule 26(a)(1) disclosures by 11/15/22 and issue written discovery by 12/9/22. The parties shall file an updated status report by 2/28/23 concerning the progress of discovery and proposing additional case management dates in accordance with the Local Patent Rules. Mailed notice (gel, ) (Entered: 10/05/2022) (1) |
| Oct 3, 2022 | 16 | MOTION by Plaintiff Michigan Motor Technologies LLC for extension of time to file response/reply Defendant's Motion to Dismiss [DI 12] (Attachments: # 1 Text of Proposed Order)(Benchell, Neil) (Entered: 10/03/2022) (Text of Proposed Order) (1) |
| Oct 3, 2022 | 16 | MOTION by Plaintiff Michigan Motor Technologies LLC for extension of time to file response/reply Defendant's Motion to Dismiss [DI 12] (Attachments: # 1 Text of Proposed Order)(Benchell, Neil) (Entered: 10/03/2022) (Main Document) (2) |
| Sep 30, 2022 | 15 | ATTORNEY Appearance for Defendant Mercedes-Benz USA, LLC by David Aaron Nelson (Nelson, David) (Entered: 09/30/2022) (1) |
| Sep 28, 2022 | 14 | STATUS Report by Michigan Motor Technologies LLC (Benchell, Neil) (Entered: 09/28/2022) (4) |
| Sep 23, 2022 | 13 | MINUTE entry before the Honorable John Robert Blakey: The Court is in receipt of Defendant's motion to dismiss 12 . Plaintiff is advised to review the Court's Standing Order on Motions to Dismiss, which is available on the Court's homepage at www.ilnd.uscourts.gov. Consistent with the purpose of the Federal Rules "to secure the just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, this Court's Standing Order requires Plaintiff to make an election as to whether Plaintiff will amend the complaint under Rule 15(a)(1), or stand on the current complaint and proceed with briefing on the motion to dismiss. To this end, Plaintiff shall file either: (1) an amended complaint within the time limit set forth in Fed. R. Civ. P. 15(a)(1)(B) by 10/12/2022 or (2) a response to the motion to dismiss by 10/19/2022. If Plaintiff files a response, Defendant shall file a reply by [date 14 days from filing of response]. If Plaintiff elects to amend its pleading in response to the motion to dismiss, then Defendant shall file within 21 days of the amended pleading either: (1) an answer; or (2) a revised motion to dismiss. Motion hearing set for 10/11/2022 is stricken. Mailed notice (gel, ) (Entered: 09/23/2022) (1) |
| Sep 21, 2022 | 12 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Mercedes-Benz USA, LLC (Nelson, David) (Entered: 09/21/2022) (20) |
| Sep 21, 2022 | 11 | Mercedes-Benz USA, LLC NOTICE of Motion by David Aaron Nelson for presentment of before Honorable John Robert Blakey on 10/11/2022 at 11:00 AM. (Nelson, David) (Entered: 09/21/2022) (2) |
| Sep 21, 2022 | 10 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Mercedes-Benz USA, LLC and Corporate Disclosure Statement (Nelson, David) (Entered: 09/21/2022) (2) |
| Aug 24, 2022 | 9 | MINUTE entry before the Honorable John Robert Blakey: The Court grants the parties' agreed motion to extend time 8 and orders Defendant to respond to the complaint by 9/21/22. The Court also extends the parties' 9/15/22 status report deadline and orders the parties to file their initial status report by 9/28/22. Mailed notice (gel, ) (Entered: 08/24/2022) (1) |
| Aug 18, 2022 | 8 | MOTION by Plaintiff Michigan Motor Technologies LLC for extension of time to file answer (Attachments: # 1 Text of Proposed Order)(Benchell, Neil) (Entered: 08/18/2022) (Text of Proposed Order) (1) |
| Aug 18, 2022 | 8 | MOTION by Plaintiff Michigan Motor Technologies LLC for extension of time to file answer (Attachments: # 1 Text of Proposed Order)(Benchell, Neil) (Entered: 08/18/2022) (Main Document) (2) |
| Aug 3, 2022 | 7 | MINUTE entry before the Honorable John Robert Blakey: This case has been assigned to the calendar of the Honorable John Robert Blakey. The litigants are ordered to review and fully comply with all of this Court's standing orders, which are available on Judge Blakey's information page on the Court's official website: http://www.ilnd.uscourts.gov/. In addition, the parties must file a status report no later than 9/15/2022, using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Failure by any party to file the status report by the requisite deadline (either jointly or, if necessary, individually with an explanation as to why a joint report could not be filed) may result in a summary dismissal of the case for failure to prosecute, or an entry of default against any served defendant(s) failing to comply with this order. During the litigation, the attorneys must also appear at all hearing dates set by the Court or noticed by the parties. If an attorney has a conflict with a set court date, the attorney must notify Judge Blakey's Courtroom Deputy, Gloria Lewis, at (312) 818-6699. If appropriate, the Court will then reset the matter. Advising opposing counsel of a scheduling conflict is not a substitute for communicating directly with the Court. Mailed notice (gel, ) (Entered: 08/03/2022) (1) |
| Aug 2, 2022 | 6 | SUMMONS Returned Executed by Michigan Motor Technologies LLC as to Mercedes-Benz USA, LLC on 8/1/2022, answer due 8/22/2022. (Benchell, Neil) (Entered: 08/02/2022) (2) |
| Aug 1, 2022 | 5 | MAILED patent report to Patent Trademark Office, Alexandria VA. (rc, ) (Entered: 08/01/2022) (30) |
| Jul 29, 2022 | 4 | CORPORATE DISCLOSURE STATEMENT by Michigan Motor Technologies LLC (Benchell, Neil) (Entered: 07/29/2022) (1) |
| Jul 29, 2022 | 3 | ATTORNEY Appearance for Plaintiff Michigan Motor Technologies LLC by Neil A Benchell (Benchell, Neil) (Entered: 07/29/2022) (1) |
| Jul 29, 2022 | 2 | CIVIL Cover Sheet (Benchell, Neil) (Entered: 07/29/2022) (2) |
| Jul 29, 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, ) 1 Filed & Entered: 07/29/2022 complaint Docket Text: COMPLAINT filed by Michigan Motor Technologies LLC; Jury Demand. Filing fee $ 402, receipt number AILNDC-19695592. (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)(Benchell, Neil) 2 Filed & Entered: 07/29/2022 civil cover sheet Docket Text: CIVIL Cover Sheet (Benchell, Neil) 3 Filed & Entered: 07/29/2022 attorney appearance Docket Text: ATTORNEY Appearance for Plaintiff Michigan Motor Technologies LLC by Neil A Benchell (Benchell, Neil) 4 Filed & Entered: 07/29/2022 other Docket Text: CORPORATE DISCLOSURE STATEMENT by Michigan Motor Technologies LLC (Benchell, Neil) Filed & Entered: 08/01/2022 summons issued Docket Text: SUMMONS Issued as to Defendant Mercedes-Benz USA, LLC (jb, Joshua) 5 Filed & Entered: 08/01/2022 Patent/Trademark report Docket Text: MAILED patent report to Patent Trademark Office, Alexandria VA. (rc, ) 6 Filed & Entered: 08/02/2022 summons returned executed Docket Text: SUMMONS Returned Executed by Michigan Motor Technologies LLC as to Mercedes-Benz USA, LLC on 8/1/2022, answer due 8/22/2022. (Benchell, Neil) 7 Filed & Entered: 08/03/2022 text entry Docket Text: MINUTE entry before the Honorable John Robert Blakey: This case has been assigned to the calendar of the Honorable John Robert Blakey. The litigants are ordered to review and fully comply with all of this Court's standing orders, which are available on Judge Blakey's information page on the Court's official website: http://www.ilnd.uscourts.gov/. In addition, the parties must file a status report no later than 9/15/2022, using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Failure by any party to file the status report by the requisite deadline (either jointly or, if necessary, individually with an explanation as to why a joint report could not be filed) may result in a summary dismissal of the case for failure to prosecute, or an entry of default against any served defendant(s) failing to comply with this order. During the litigation, the attorneys must also appear at all hearing dates set by the Court or noticed by the parties. If an attorney has a conflict with a set court date, the attorney must notify Judge Blakey's Courtroom Deputy, Gloria Lewis, at (312) 818-6699. If appropriate, the Court will then reset the matter. Advising opposing counsel of a scheduling conflict is not a substitute for communicating directly with the Court. Mailed notice (gel, ) 8 Filed & Entered: 08/18/2022Terminated: 08/24/2022 motion for extension of time to file answer Docket Text: MOTION by Plaintiff Michigan Motor Technologies LLC for extension of time to file answer (Attachments: # (1) Text of Proposed Order)(Benchell, Neil) 9 Filed & Entered: 08/24/2022 order on motion for extension of time to answer Docket Text: MINUTE entry before the Honorable John Robert Blakey: The Court grants the parties' agreed motion to extend time [8] and orders Defendant to respond to the complaint by 9/21/22. The Court also extends the parties' 9/15/22 status report deadline and orders the parties to file their initial status report by 9/28/22. Mailed notice (gel, ) 10 Filed & Entered: 09/21/2022 notification of affiliates pursuant to local rule 3.2 Docket Text: NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Mercedes-Benz USA, LLC and Corporate Disclosure Statement (Nelson, David) 11 Filed & Entered: 09/21/2022 notice of motion Docket Text: Mercedes-Benz USA, LLC NOTICE of Motion by David Aaron Nelson for presentment of before Honorable John Robert Blakey on 10/11/2022 at 11:00 AM. (Nelson, David) 12 Filed & Entered: 09/21/2022Terminated: 09/23/2022 Motion to Dismiss for Failure to State a Claim Docket Text: MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Mercedes-Benz USA, LLC (Nelson, David) 13 Filed & Entered: 09/23/2022 Order on Motion to Dismiss for Failure to State a Claim Docket Text: MINUTE entry before the Honorable John Robert Blakey: The Court is in receipt of Defendant's motion to dismiss [12]. Plaintiff is advised to review the Court's Standing Order on Motions to Dismiss, which is available on the Court's homepage at www.ilnd.uscourts.gov. Consistent with the purpose of the Federal Rules "to secure the just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, this Court's Standing Order requires Plaintiff to make an election as to whether Plaintiff will amend the complaint under Rule 15(a)(1), or stand on the current complaint and proceed with briefing on the motion to dismiss. To this end, Plaintiff shall file either: (1) an amended complaint within the time limit set forth in Fed. R. Civ. P. 15(a)(1)(B) by 10/12/2022 or (2) a response to the motion to dismiss by 10/19/2022. If Plaintiff files a response, Defendant shall file a reply by [date 14 days from filing of response]. If Plaintiff elects to amend its pleading in response to the motion to dismiss, then Defendant shall file within 21 days of the amended pleading either: (1) an answer; or (2) a revised motion to dismiss. Motion hearing set for 10/11/2022 is stricken. Mailed notice (gel, ) 14 Filed & Entered: 09/28/2022 status report Docket Text: STATUS Report by Michigan Motor Technologies LLC (Benchell, Neil) 15 Filed & Entered: 09/30/2022 attorney appearance Docket Text: ATTORNEY Appearance for Defendant Mercedes-Benz USA, LLC by David Aaron Nelson (Nelson, David) 16 Filed & Entered: 10/03/2022Terminated: 10/05/2022 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 Defendant's Motion to Dismiss [DI 12] (Attachments: # (1) Text of Proposed Order)(Benchell, Neil) 17 Filed & Entered: 10/05/2022 order on motion for extension of time to file response/reply Docket Text: MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's unopposed motion to extend time [16]; Plaintiff shall respond to Defendant's motion to dismiss [12] by 11/18/22, and Defendant shall file any reply by 12/2/22. Additionally, the parties shall exchange Rule 26(a)(1) disclosures by 11/15/22 and issue written discovery by 12/9/22. The parties shall file an updated status report by 2/28/23 concerning the progress of discovery and proposing additional case management dates in accordance with the Local Patent Rules. Mailed notice (gel, ) |
| Jul 29, 2022 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (ak, ) |
| Jul 29, 2022 | 1 | Complaint* (1) |
