Case number 1:19-cv-05527
Radio Flyer Inc. v. American Plastic Toy, Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jun 30, 2020 | 114 | transcript (20) Docket Text: TRANSCRIPT OF PROCEEDINGS held on 8-28-19 before the Honorable Andrea R. Wood. Order Number: 35905. Court Reporter Contact Information: Sandra M. Mullin, Sandra_Mullin@ilnd.uscourts.gov, 312-554-8244. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 7/21/2020. Redacted Transcript Deadline set for 7/31/2020. Release of Transcript Restriction set for 9/28/2020. (Mullin, Sandra) |
| May 6, 2020 | 112 | order on motion for miscellaneous relief (1) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's unopposed motion for release of bond [111] is granted. ENTER ORDER. Mailed notice. (dal, ) |
| May 6, 2020 | 113 | order (1) Docket Text: ORDER Signed by the Honorable Andrea R. Wood on 5/6/2020. Mailed notice. (dal, ) |
| May 5, 2020 | 111 | motion for miscellaneous relief (2) Docket Text: MOTION by Plaintiff Radio Flyer Inc.for Release of Bond (Unopposed) (Lazar, Denise) |
| Apr 27, 2020 | 108 | stipulation of dismissal (2) Docket Text: STIPULATION of Dismissal (Joint) (Gryzlo, Matthew) |
| Apr 27, 2020 | 109 | order on motion to withdraw (1) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: The parties having filed a stipulation of dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) [108], this case is dismissed with prejudice and with each party to bear its own attorneys' fees and costs. All pending hearing dates and motions are stricken. Civil case terminated. Mailed notice. (dal, ) |
| Apr 24, 2020 | 110 | order (11) Docket Text: ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket6, ) |
| Apr 7, 2020 | 107 | terminate hearings (1) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Consistent with Second Amended General Order 20-0012, the status hearing set for 4/10/2020 is stricken and reset for 6/10/2020 at 9:00 AM. Mailed notice. (dal, ) |
| Apr 6, 2020 | 106 | terminate referral (1) Docket Text: MINUTE entry before the Honorable Sidney I. Schenkier: Telephone conference regarding settlement held with counsel for all parties. The parties report that they have signed a settlement agreement and expect to file a stipulation to dismiss by 04/30/20. We congratulate the parties and their counsel on reaching this resolution, and express our respect and appreciation for the hard work that it required. All matters subject to the referral having been concluded, the referral is hereby terminated. Mailed notice. (dal, ) |
| Apr 2, 2020 | 105 | settlement conference (1) Docket Text: MINUTE entry before the Honorable Sidney I. Schenkier: Telephone conference regarding settlement held with counsel for all parties and continued to 04/06/20 at 8:30 a.m. central time. Mailed notice. (dal, ) |
| Mar 31, 2020 | 103 | settlement conference (1) Docket Text: MINUTE entry before the Honorable Sidney I. Schenkier: Telephone conference regarding settlement held with counsel for all parties and continued to 04/02/20 at 8:30 AM central time. Mailed notice. (dal, ) |
| Mar 30, 2020 | 102 | settlement conference (1) Docket Text: MINUTE entry before the Honorable Sidney I. Schenkier: Separate communications regarding settlement with counsel for plaintiff and defendant (with their approval), and communication with counsel for all parties to schedule a telephone conference regarding settlement to take place on 03/31/20. Mailed notice. (dal, ) |
| Mar 30, 2020 | 104 | order (10) Docket Text: ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket1, ) |
| Mar 27, 2020 | 101 | settlement conference (1) Docket Text: MINUTE entry before the Honorable Sidney I. Schenkier: Separate telephone conferences regarding settlement held with plaintiff's counsel and defense counsel (with their approval). Defense counsel will contact the Court by email to advise of the status of negotiations by no later than 03/30/20. Mailed notice. (dal, ) |
| Mar 24, 2020 | 100 | settlement conference (1) Docket Text: MINUTE entry before the Honorable Sidney I. Schenkier: Separate telephone conferences regarding settlement held with counsel for plaintiff and defendant (with their approval). Counsel for plaintiff shall contact the Court as soon as practicable regarding settlement. Mailed notice. (dal, ) |
| Mar 20, 2020 | 99 | settlement conference (1) Docket Text: MINUTE entry before the Honorable Sidney I. Schenkier: Separate telephone conferences regarding settlement held with plaintiff's counsel and defendant's counsel on 03/19/20 (with the approval of each side). Defense counsel shall contact the Court by 03/24/20 regarding settlement. Mailed notice. (dal, ) |
| Mar 18, 2020 | 98 | settlement conference (1) Docket Text: MINUTE entry before the Honorable Sidney I. Schenkier: Telephone conference regarding settlement conducted with counsel for plaintiff (without the participation of but with the approval of defense counsel). Plaintiff's counsel plan to communicate with the Court by email by no later than 03/19/20 regarding settlement. Mailed notice. (dal, ) |
| Mar 17, 2020 | 97 | terminate hearings (1) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Consistent with Amended General Order 20-0012, the status hearing set for 3/18/2020 is stricken and reset for 4/10/2020 at 9:00 AM. Mailed notice (aw,) |
| Mar 16, 2020 | 95 | order (5) Docket Text: ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (ecw, ) |
| Mar 16, 2020 | 96 | order (5) Docket Text: ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (ecw, ) |
| Mar 13, 2020 | 94 | settlement conference (1) Docket Text: MINUTE entry before the Honorable Sidney I. Schenkier: Telephone conference call regarding settlement with counsel for plaintiff (without the participation of but with the approval of defense counsel). Mailed notice. (dal, ) |
| Mar 11, 2020 | 93 | settlement conference (1) Docket Text: MINUTE entry before the Honorable Sidney I. Schenkier: Telephone conference regarding settlement held with counsel for defendant (without the participation of but with the approval of plaintiff's counsel). Mailed notice. (dal, ) |
| Mar 10, 2020 | 92 | settlement conference (1) Docket Text: MINUTE entry before the Honorable Sidney I. Schenkier: Telephone conference regarding settlement held with counsel for defendant (without the participation but with the approval of plaintiff's counsel). Mailed notice. (dal, ) |
| Mar 5, 2020 | 91 | settlement conference (1) Docket Text: MINUTE entry before the Honorable Sidney I. Schenkier: Telephone conferences regarding settlement held separately with counsel for plaintiff and for defendant (with the approval of each for the separate conversations). Counsel for defendant shall contact chambers by no later than the close of business on 03/09/20 for a report on status of settlement negotiations. Mailed notice. (dal, ) |
| Mar 2, 2020 | 90 | settlement conference (1) Docket Text: MINUTE entry before the Honorable Sidney I. Schenkier: Telephone conference regarding settlement held with counsel for defendant (without the participation of but with the approval of plaintiff's counsel). Mailed notice. (dal, ) |
| Feb 27, 2020 | 89 | settlement conference (1) Docket Text: MINUTE entry before the Honorable Sidney I. Schenkier: Telephone conference regarding settlement held with counsel for defendant (without the participation of but with the approval of plaintiff's counsel) and continued to 03/02/20 at 2:00 p.m. Central time. Mailed notice. (dal, ) |
| Feb 26, 2020 | 86 | terminate deadlines and hearings (1) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: As the parties continue their settlement negotiations with the magistrate judge, the status hearing before Judge Wood set for 2/27/2020 is stricken and reset for 3/24/2020 at 09:00 AM. Mailed notice (ef, ) |
| Feb 26, 2020 | 87 | terminate deadlines and hearings (1) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: By request and agreement of the parties, the status hearing set for 3/24/2020 is stricken and reset for 3/18/2020 at 09:00 AM. Mailed notice (ef, ) |
| Feb 26, 2020 | 88 | settlement conference (1) Docket Text: MINUTE entry before the Honorable Sidney I. Schenkier: Telephone conference regarding settlement held with counsel for plaintiff (without the participation of defense counsel but with their approval). Mailed notice. (dal, ) |
| Feb 25, 2020 | 84 | settlement conference (1) Docket Text: MINUTE entry before the Honorable Sidney I. Schenkier: Telephone conference regarding settlement held on 02/24/20 with defense counsel (without the participation of but with the approval of plaintiff's counsel). Mailed notice. (dal, ) |
| Feb 25, 2020 | 85 | settlement conference (1) Docket Text: MINUTE entry before the Honorable Sidney I. Schenkier: Telephone conference regarding settlement held with counsel for plaintiff (without the participation of but with the approval of defense counsel). The matter is set for a further telephone conference regarding settlement with counsel for plaintiff for 02/26/20 at 4:30 p.m. Central time. Mailed notice. (dal, ) |
| Feb 21, 2020 | 83 | terminate hearings (1) Docket Text: MINUTE entry before the Honorable Sidney I. Schenkier: Telephone conferences regarding settlement held separately with plaintiff's counsel and defense counsel (with their advance approval). The matter is set a separate telephone conference regarding settlement with defense counsel (without the participation of plaintiff's counsel but with their approval) on 02/24/20 at 4:00 p.m. Central time. Mailed notice. (dal, ) |
| Feb 14, 2020 | 82 | settlement conference (1) Docket Text: MINUTE entry before the Honorable Sidney I. Schenkier: Settlement conference held. Settlement discussions will continue through the magistrate judge, initially by separate telephone conferences with counsel for each side (with the approval of all parties). The next conference call will be initiated by plaintiff's counsel with the Court on 02/21/20 at 9:00 a.m. Mailed notice. (dal, ) |
| Feb 13, 2020 | 81 | terminate hearings (1) Docket Text: MINUTE entry before the Honorable Sidney I. Schenkier: Telephone conference held with counsel for all parties regarding settlement. The parties shall send to the Court today by email (sidney_schenkier@ilnd.uscourts.gov) additional settlement proposals that they exchange today. Mailed notice. (dal, ) |
| Feb 12, 2020 | 80 | set/reset hearings (1) Docket Text: MINUTE entry before the Honorable Sidney I. Schenkier: The matter is set for a telephone status conference with the magistrate judge on 02/13/20 at 11:00 a.m. The parties will jointly call chambers at the time of the call. Mailed notice. (dal, ) |
| Dec 16, 2019 | 79 | order on motion for miscellaneous relief (1) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Joint Motion for modification of status conference [77] is granted. Status hearing set for 12/17/2019 is stricken and reset for 2/27/2020 at 09:00 AM. Parties are to file a joint status report by 2/20/2020 to update the Court on the status of their settlement negotiations and, if necessary, to propose a new case schedule. The motion presentment date of 12/17/2019 is stricken; parties need not appear. Mailed notice (ef, ) |
| Dec 13, 2019 | 77 | motion for miscellaneous relief (3) Docket Text: MOTION by Plaintiff Radio Flyer Inc. Joint Status Report and Motion for Modification of Status Conference (Campbell, Casey) |
| Dec 13, 2019 | 78 | notice of motion (2) Docket Text: NOTICE of Motion by Casey Gordon Campbell for presentment of motion for miscellaneous relief[77] before Honorable Andrea R. Wood on 12/17/2019 at 11:00 AM. (Campbell, Casey) |
| Dec 12, 2019 | 76 | magistrate judge status hearing (1) Docket Text: MINUTE entry before the Honorable Sidney I. Schenkier: Status hearing held. Discussion held on the record regarding settlement. The matter is set for a reconvened settlement conference on 02/14/20 at 9:30 a.m. The parties will provide the Court with a joint status report on the progress of their settlement discussions by noon on 02/07/20. By agreement, the parties may contact the Court without the participation of the opposing party regarding settlement. Mailed notice. (dal, ) |
| Nov 27, 2019 | 75 | terminate hearings (1) Docket Text: MINUTE entry before the Honorable Sidney I. Schenkier: Telephone status hearing regarding settlement held with counsel for all parties. We strike the settlement conference set for 12/02/19. The matter is set for a status hearing in court on 12/12/19 at 10:15 a.m. for a report on the parties' further exchange of information and to discuss setting a new date for the settlement conference. Mailed notice. (dal, ) |
| Nov 26, 2019 | 74 | terminate hearings (1) Docket Text: MINUTE entry before the Honorable Sidney I. Schenkier: Telephone status conference with counsel for all parties to discuss settlement conference held and continued to 11/27/19 at 10:30 a.m. Mailed notice. (dal, ) |
| Nov 22, 2019 | 72 | settlement conference (1) Docket Text: MINUTE entry before the Honorable Sidney I. Schenkier: Telephone conference with counsel for all parties regarding settlement held and continued to 11/25/19 at 4:30 p.m. By 4:00 p.m. on 11/25/19, defense counsel shall deliver to chambers by email (sidney_schenkier@ilnd.uscourts.gov) revised settlement proposals that the parties have exchanged. Mailed notice. (dal, ) |
| Nov 22, 2019 | 73 | terminate hearings (1) Docket Text: MINUTE entry before the Honorable Sidney I. Schenkier: The telephone conference with the magistrate judge set for 11/25/19 is RESET to 11/26/19 at 8:30 a.m. Mailed notice. (dal, ) |
| Nov 13, 2019 | 71 | terminate hearings (1) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Motion hearing held. Joint motion for status conference and modification of scheduling order [68] is entered and continued. Parties are to focus on settlement discussions. Parties are to file a joint status report by 12/13/2019 to update the Court on the status of their settlement negotiations and, if necessary, to propose a new case schedule. The Markman hearing set for 1/15/2020 at 11:00 a.m. and all other dates related to the supplemental preliminary injunction motion [39], as set on 9/20/2019, are stricken. Status hearing set for 12/17/2019 at 11:00 a.m. remains firm. Mailed notice (vcf, ) |
| Nov 7, 2019 | 70 | notice of motion (2) Docket Text:Amended NOTICE of Motion by Mark Thomas Deming for presentment of motion for miscellaneous relief[68] before Honorable Andrea R. Wood on 11/13/2019 at 09:00 AM. (Deming, Mark) |
| Nov 6, 2019 | 68 | Main Document (3) Docket Text: MOTION by Defendant American Plastic Toys, Inc. for Status Conference and Modification of Scheduling Order (Joint Motion) (Attachments: # (1) Exhibit A)(Deming, Mark) |
| Nov 6, 2019 | 68 | Exhibit A (4) |
| Nov 6, 2019 | 69 | notice of motion (2) Docket Text: NOTICE of Motion by Mark Thomas Deming for presentment of motion for miscellaneous relief[68] before Honorable Andrea R. Wood on 11/12/2019 at 09:00 AM. (Deming, Mark) |
| Nov 1, 2019 | 67 | motion to withdraw (2) Docket Text: MOTION by Plaintiff Radio Flyer Inc. to withdraw Radio Flyer's Supplemental Motion for a Preliminary Injunction (Campbell, Casey) |
| Oct 28, 2019 | 66 | order (3) Docket Text: ORDER: Settlement conference is set for 12/02/19 at 11:00 a.m. The settlement conference will be held in the Courtroom, Room #1843. The settlement conference will be conducted in accordance with the Court's Standing Order on Instructions for Settlement Conference, which is enclosed and which can also be accessed from the Court's webpage at http://www.ilnd.uscourts.gov/judge-info.aspx?EBclBxz8ceU=. The schedule for exchange of settlement letters required by the Standing Order is as follows: plaintiff's counsel shall serve a settlement letter on defense counsel by 11/04/19, and defendant's counsel shall serve a settlement letter on plaintiff's counsel by 11/15/19. The parties may not change these dates for exchange without either written agreement of the parties or Court order. The defendant's counsel shall deliver all copies of the settlement letters to chambers by noon on 11/18/19. The parties may not change this date absent Court order. Parties with "full and complete settlement authority," as defined in the Standing Order, must personally attend the conference. The parties who attend the conference shall read all settlement letters prior to the commencement of the conference. Failure to comply with the Standing Order or with the schedule set in this order may result in sanctions. (For further details see order(s) attached). Signed by the Honorable Sidney I. Schenkier on 10/28/2019. (Exhibits). Mailed notice. (jj, ) |
| Oct 25, 2019 | 65 | answer to counterclaim (29) Docket Text:Radio Flyer Inc.'s ANSWER to counterclaim of American Plastic Toys, Inc. by Radio Flyer Inc.(Campbell, Casey) |
| Oct 21, 2019 | 64 | answer to amended complaint (30) Docket Text: ANSWER to amended complaint , COUNTERCLAIM filed by American Plastic Toys, Inc. against Radio Flyer Inc. . by American Plastic Toys, Inc.(Deming, Mark) |
| Oct 15, 2019 | 61 | order on motion for protective order (1) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Motion and Status hearing held. Joint motion for entry of stipulated protective order [58] is granted. Pursuant to the discussion held in open court, Defendant shall answer or otherwise plead to Plaintiff's amended complaint by 10/21/2019 and Plaintiff's answer Defendant's counterclaims shall be filed by 10/25/2019. Case referred to Magistrate Judge Schenkier for the purposes of a settlement conference. Status hearing set for 12/17/2019 at 11:00 a.m. remains firm. Mailed notice (ef, ) |
| Oct 15, 2019 | 62 | Expedited referral to magistrate judge (1) Docket Text: Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Sidney I. Schenkier for the purpose of holding proceedings related to: settlement conference. (ef, )Mailed notice. |
| Oct 15, 2019 | 63 | protective order (9) Docket Text: STIPULATED PROTECTIVE ORDER signed by the Honorable Andrea R. Wood on 10/15/2019. Mailed notice(ef, ) |
| Oct 14, 2019 | 60 | Main Document (42) Docket Text:First AMENDED complaint by Radio Flyer Inc. against American Plastic Toys, Inc. (Attachments: # (1) Exhibit 1)(Campbell, Casey) |
| Oct 14, 2019 | 60 | Exhibit 1 (13) |
| Oct 10, 2019 | 58 | Main Document (2) Docket Text: MOTION by Counter Claimant American Plastic Toys, Inc., Defendant American Plastic Toys, Inc. for protective order (Attachments: # (1) Text of Proposed Order)(Snow, John) |
| Oct 10, 2019 | 58 | Text of Proposed Order (10) |
| Oct 10, 2019 | 59 | notice of motion (2) Docket Text: NOTICE of Motion by John Patrick Snow for presentment of motion for protective order[58] before Honorable Andrea R. Wood on 10/15/2019 at 09:00 AM. (Snow, John) |
| Sep 25, 2019 | 57 | answer to complaint (30) Docket Text: ANSWER to Complaint with Jury Demand , COUNTERCLAIM filed by American Plastic Toys, Inc. against Radio Flyer Inc. . by American Plastic Toys, Inc.(Deming, Mark) |
| Sep 20, 2019 | 56 | order on motion for preliminary injunction (1) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. As stated on the record, the Temporary Restraining Order entered 8/23/2019 [29] as amended 8/26/2019 [36] and extended 9/6/2019 [54] will expire by its own terms on 9/20/2019. Plaintiff's motion for a preliminary injunction is denied. A detailed memorandum opinion and order will follow in short order. The Court adopts the patent claim preliminary injunction discovery schedule proposed by the parties' [49] as follows. Defendant shall answer or otherwise plead to Plaintiff's complaint by 9/25/2019; identification of asserted claims and preliminary infringement contentions shall be served by 9/27/2019; discovery requests, including venue and third-party discovery shall be issued by 10/4/2019; discovery responses and production shall be served by 10/18/2019; third-party discovery shall be completed by 10/18/2019; Defendant's preliminary invalidity contentions shall be served by 10/14/2019; claim terms/constructions shall be exchanged by 10/25/2019; the parties shall meet and confer to narrow terms for construction by 11/1/2019; Defendant's Markman brief shall be filed by 11/15/2019; Plaintiff's response to Markman brief shall be filed by 11/29/2019; Defendant's reply to Markman brief shall be filed by 12/6/2019; and the Markman hearing is set for 1/15/2020 at 11:00 AM. By 9/27/2019, the parties shall provide the Court's courtroom deputy with an email stating whether either of their clients object to a referral to the magistrate judge for the purposes of a settlement conference. Status hearing set for 12/17/2019 at 11:00 AM. Mailed notice (ef, ) |
| Sep 13, 2019 | 55 | status hearing (1) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. Pursuant to the discussions held in open court, the status hearing is continued to 9/20/2019 at 09:00 AM. Mailed notice (ef, ) |
| Sep 6, 2019 | 53 | Main Document (2) Docket Text: STATUS Report regarding Compliance with TRO by American Plastic Toys, Inc. (Attachments: # (1) Declaration)(Deming, Mark) |
| Sep 6, 2019 | 53 | Declaration (2) |
| Sep 6, 2019 | 54 | preliminary injunction hearing (1) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Preliminary Injunction hearing held and completed. The matter has been taken under advisement for ruling. The Court finds that good cause exists to extend the sealed temporary restraining order entered 8/23/2019 [29] for an additional 14 days, until September 20, 2019, or until a ruling on the preliminary injunction motion. Status hearing set for 9/13/2019 at 9:00 AM. Mailed notice (ef, ) |
| Sep 5, 2019 | 52 | preliminary injunction hearing (1) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Preliminary Injunction hearing held and continued to 9/6/2019 at 9:00 AM. Mailed notice (ef, ) |
| Sep 4, 2019 | 51 | preliminary injunction hearing (1) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Preliminary Injunction hearing held and continued to 9/5/2019 at 10:00 AM. Mailed notice (ef, ) |
| Aug 30, 2019 | 46 | stipulation (2) Docket Text: STIPULATION - Letter Agreement re: Treatment of Confidential Information (Deming, Mark) |
| Aug 30, 2019 | 47 | attorney appearance (2) Docket Text: ATTORNEY Appearance for Defendant American Plastic Toys, Inc. by Helena Oksana Berezowskyj (Berezowskyj, Helena) |
| Aug 30, 2019 | 48 | attorney appearance (2) Docket Text: ATTORNEY Appearance for Defendant American Plastic Toys, Inc. by John Patrick Snow (Snow, John) |
| Aug 30, 2019 | 49 | other (2) Docket Text: Proposed Schedule for Patent Preliminary Injunction Hearing by American Plastic Toys, Inc. (Agreed) (Deming, Mark) |
| Aug 28, 2019 | 44 | transcript (42) Docket Text: TRANSCRIPT OF PROCEEDINGS held on August 22, 2019 before the Honorable Andrea R. Wood. Order Number: 35859, 35856. Court Reporter Contact Information: Nancy L. Bistany - nancy_bistany@ilnd.uscourts.gov - 312.435.7626. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/18/2019. Redacted Transcript Deadline set for 9/30/2019. Release of Transcript Restriction set for 11/26/2019. (Bistany, Nancy) |
| Aug 28, 2019 | 50 | order on motion for preliminary injunction (1) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Motion hearing held. Pursuant to the discussion held in open court, Plaintiff's supplemental motion for preliminary injunction [39] is entered and continued. The parties shall meet and confer and file a proposed schedule for resolution of Plaintiff's motion for preliminary injunction on its patent infringement claim by close of business 8/30/2019. Mailed notice (ef, ) |
| Aug 27, 2019 | 37 | transcript (19) Docket Text: TRANSCRIPT OF PROCEEDINGS held on August 26, 2019 before the Honorable Andrea R. Wood. Order Number: 35876. Court Reporter Contact Information: Kelly M. Fitzgerald, kmftranscripts@gmail.com, 312-818-6626. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/17/2019. Redacted Transcript Deadline set for 9/27/2019. Release of Transcript Restriction set for 11/25/2019. (Fitzgerald, Kelly) |
| Aug 27, 2019 | 39 | motion for preliminary injunction (3) Docket Text: MOTION by Plaintiff Radio Flyer Inc. for preliminary injunction (Supplemental) (Campbell, Casey) |
| Aug 27, 2019 | 40 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Motion Hearing set for 8/28/2019 at 10:00 AM. Mailed notice (ef, ) |
| Aug 27, 2019 | 41 | transcript (64) Docket Text: TRANSCRIPT OF PROCEEDINGS held on 08/21/2019 before the Honorable Andrea R. Wood. TRO/Prelim. Injunction Hearing. Order Number: 35856, 35859. Court Reporter Contact Information: Gayle A. McGuigan, CSR, RMR, CRR, Gayle_McGuigan@ilnd.uscourts.gov, (312) 435-6047. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/17/2019. Redacted Transcript Deadline set for 9/27/2019. Release of Transcript Restriction set for 11/25/2019. (McGuigan, Gale) |
| Aug 27, 2019 | 42 | Main Document (15) Docket Text: MEMORANDUM by Radio Flyer Inc. in support of motion for preliminary injunction[39] (Attachments: # (1) Exhibit A)(Campbell, Casey) |
| Aug 27, 2019 | 42 | Exhibit A (4) |
| Aug 27, 2019 | 43 | notice of motion (2) Docket Text: NOTICE of Motion by Casey Gordon Campbell for presentment of motion for preliminary injunction[39] before Honorable Andrea R. Wood on 8/28/2019 at 10:00 AM. (Campbell, Casey) |
| Aug 26, 2019 | 34 | terminate hearings (1) Docket Text: MINUTE entry before the Honorable Andrea R. Wood:Today's hearing on Defendant's emergency motion for clarification and/or reconsideration, and alternatively to increase TRO Bond set for 9:00 a.m. [32] is re-set 10:00 a.m. TIME CHANGE ONLY.Mailed notice. (jlj, ) |
| Aug 26, 2019 | 35 | order on motion to clarify (1) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Emergency Motion hearing held. Pursuant to the discussions held in open court and for the reasons stated on the record, Defendant's emergency motion for clarification and/or reconsideration, and alternatively to increase the TRO bond [32] is granted in part. Amended Temporary Restraining Order to follow. As stated in open court, expert disclosures and reports shall be made by 5:00 pm on 9/2/2019. Mailed notice (ef, ) |
| Aug 26, 2019 | 36 | temporary restraining order (4) Docket Text: AMENDED TEMPORARY Restraining Order signed by the Honorable Andrea R. Wood on 8/26/2019. Mailed notice(ef, ) |
| Aug 23, 2019 | N/A | bond (0) Docket Text: Registry BOND in the amount of $ 100,000.00, Receipt No. 462422907, posted by Radio Flyer Inc. (ec, ) |
| Aug 23, 2019 | 28 | order on motion for temporary restraining order (2) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for a temporary restraining order and preliminary injunction [13] is granted in part. The Court finds that Plaintiff has satisfied the requirements for entry of the Temporary Restraining Order, as provided by Fed. R. Civ. P. 65(b), with respect to its claim in Count II of the Complaint for federal unfair competition, namely, trade dress infringement, pursuant to the Lantham Act, 15 U.S.C. ยง1125(a). Specifically, for the reasons stated on the record in open court at the hearing on August 22, 2019, the Court finds that Plaintiff has demonstrated a sufficient likelihood of success with respect to Count II, and that Plaintiff has no adequate remedy at law and will suffer irreparable harm if the requested relief is denied. Furthermore, after consideration of the parties' additional arguments at the August 22, 2019 hearing, the Court concludes that those factors along with the balancing of the potential harms to the parties and the public interest warrant imposition of temporary injunctive relief. Based on the present record, the Court finds that Plaintiff has failed to carry is burden as to the aforementioned factors with respect to Counts III and VI of the Complaint; such determination is without prejudice to Plaintiff renewing its arguments as to those Counts at the preliminary injunction hearing. The Temporary Restraining Order is entered as of 8:00 AM on August 23, 2019 and shall remain in effect for fourteen (14) calendar days. It is further ordered that Plaintiff shall deposit with the Court one hundred thousand dollars ($100,000.00) as security, either cash or surety, which the Court has determined to be adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. Plaintiff shall deposit the required security by the close of business on August 27, 2019. This matter is set for a preliminary injunction hearing on September 4, 2019 at 1:00 PM. In anticipation of the preliminary injunction hearing, Plaintiff's motion for expedited discovery [17] is granted as follows: the parties are granted leave to serve no more than twenty (20) requests for production and ten (10) interrogatories by no later than August 26, 2019, with responses to be served by August 30, 2019; and also to serve one deposition notice pursuant to Fed. R. Civ. P. 30(b)(6) by August 26, 2019, with said deposition to be completed by September 3, 2019. Any party may file a motion, to be heard on an expedited basis, to extend the Temporary Restraining Order for an additional 14 days, or as the parties may otherwise agree, and reset the expedited discovery and preliminary injunction hearing schedule accordingly. In addition, in light of the limited information available at the hearing regarding the sufficiency of a bond, any party may seek modification of the bond amount based on its adequacy (or lack therefore) or burden (or lack thereof) on any party. Enter Temporary Restraining Order. Mailed notice. (lf, ) |
| Aug 23, 2019 | 29 | temporary restraining order (4) Docket Text: TEMPORARY Restraining Order. Signed by the Honorable Andrea R. Wood on 8/23/2019. Mailed notice (lf, ) |
| Aug 23, 2019 | 30 | other (1) Docket Text: REGISTRY Deposit Information Form by Radio Flyer Inc. (td, ) |
| Aug 23, 2019 | 31 | other (1) Docket Text: CASH Bond by Radio Flyer Inc. (td, ) |
| Aug 23, 2019 | 32 | motion to clarify (5) Docket Text: MOTION by Defendant American Plastic Toys, Inc. to clarify and/or reconsider, and alternatively to increase TRO bond (Hood, Gary) |
| Aug 23, 2019 | 33 | notice of motion (2) Docket Text:EMERGENCY NOTICE of Motion by Gary Edward Hood for presentment of motion to clarify[32] before Honorable Andrea R. Wood on 8/26/2019 at 09:00 AM. (Hood, Gary) |
| Aug 22, 2019 | 27 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Radio Flyer Inc. by Denise A. Lazar (Lazar, Denise) |
| Aug 21, 2019 | 25 | Main Document (20) Docket Text: RESPONSE by American Plastic Toys, Inc.in Opposition to MOTION by Plaintiff Radio Flyer Inc. for temporary restraining order and preliminary injunction[13] (Attachments: # (1) Exhibit A, # (2) Exhibit B - Declaration of Gessert, # (3) Exhibit B-1, # (4) Exhibit B-2, # (5) Exhibit C - Declaration of Deming, # (6) Exhibit C-1, # (7) Exhibit C-2, # (8) Exhibit C-3, # (9) Exhibit C-4, # (10) Exhibit C-5)(Deming, Mark) |
| Aug 21, 2019 | 25 | Exhibit A (12) |
| Aug 21, 2019 | 25 | Exhibit B - Declaration of Gessert (7) |
| Aug 21, 2019 | 25 | Exhibit B-1 (1) |
| Aug 21, 2019 | 25 | Exhibit B-2 (1) |
| Aug 21, 2019 | 25 | Exhibit C - Declaration of Deming (3) |
| Aug 21, 2019 | 25 | Exhibit C-1 (1) |
| Aug 21, 2019 | 25 | Exhibit C-2 (1) |
| Aug 21, 2019 | 25 | Exhibit C-3 (1) |
| Aug 21, 2019 | 25 | Exhibit C-4 (1) |
| Aug 21, 2019 | 25 | Exhibit C-5 (1) |
| Aug 21, 2019 | 26 | order on motion for temporary restraining order (1) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Motion hearing held. Pursuant to the discussion held in open court and for the reasons stated on the record, Plaintiff's motion for temporary restraining order and preliminary injunction [13] and motion for expedited discovery [17] are taken under advisement. Oral Ruling hearing set for 8/22/2019 at 3:00 PM. Mailed notice (ef, ) |
| Aug 20, 2019 | 20 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Radio Flyer Inc. by Todd G. Vare (Vare, Todd) |
| Aug 20, 2019 | 21 | attorney appearance (2) Docket Text: ATTORNEY Appearance for Defendant American Plastic Toys, Inc. by Gary Edward Hood (Hood, Gary) |
| Aug 20, 2019 | 22 | attorney appearance (2) Docket Text: ATTORNEY Appearance for Defendant American Plastic Toys, Inc. by Mark Thomas Deming (Deming, Mark) |
| Aug 20, 2019 | 23 | attorney appearance (2) Docket Text: ATTORNEY Appearance for Defendant American Plastic Toys, Inc. by Adam S. Weiss (Weiss, Adam) |
| Aug 20, 2019 | 24 | terminate deadlines and hearings (1) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Due to the Court's trial schedule, the motion hearings set for 8/21/2019 at 9:00 a.m. are reset for 8/21/2019 at 02:30 PM. TIME CHANGE ONLY. Mailed notice (ef, ) |
| Aug 19, 2019 | 19 | summons returned executed (1) Docket Text: SUMMONS Returned Executed by Radio Flyer Inc. as to American Plastic Toys, Inc. on 8/19/2019, answer due 9/9/2019. (Jones, Philip) |
| Aug 16, 2019 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Sidney I. Schenkier. Case assignment: Random assignment. (jjr, ) |
| Aug 16, 2019 | N/A | summons issued (0) Docket Text: SUMMONS Issued as to Defendant American Plastic Toys, Inc. (mc, ) |
| Aug 16, 2019 | 9 | Patent/Trademark report (14) Docket Text: MAILED Trademark/Patent report to Patent Trademark Office, Alexandria VA (pj, ) |
| Aug 16, 2019 | 10 | lanham notification (10) Docket Text: MAILED to plaintiff(s) counsel Lanham Mediation Program materials (pj, ) |
| Aug 16, 2019 | 11 | Notice re Mandatory Initial Discovery Pilot(MIDP) (1) Docket Text: NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (pj, ) |
| Aug 16, 2019 | 12 | notice of motion (2) Docket Text: NOTICE of Motion by Matthew Joseph Gryzlo for presentment of Plaintiff's motion for temporary restraining order and preliminary injunction [13] before Honorable Andrea R. Wood on 8/21/2019 at 09:00 AM. (Gryzlo, Matthew) Docket Text Modified by Judicial Staff on 8/19/2019 (ef, ) |
| Aug 16, 2019 | 13 | Main Document (3) Docket Text: MOTION by Plaintiff Radio Flyer Inc. for temporary restraining order and preliminary injunction (Attachments: # (1) Text of Proposed Order)(Gryzlo, Matthew) |
| Aug 16, 2019 | 13 | Text of Proposed Order (4) |
| Aug 16, 2019 | 14 | other (30) Docket Text: Memorandum of law by Radio Flyer Inc. Motion for TRO and preliminary injuction (Gryzlo, Matthew) |
| Aug 16, 2019 | 15 | other (1) Docket Text: Appearance of Matthew J. Gryzlo by Radio Flyer Inc. (Gryzlo, Matthew) |
| Aug 16, 2019 | 16 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Radio Flyer Inc. by Philip Andrieus Jones (Jones, Philip) |
| Aug 16, 2019 | 17 | motion to expedite (24) Docket Text: MOTION by Plaintiff Radio Flyer Inc. to expedite discovery (Campbell, Casey) |
| Aug 16, 2019 | 18 | notice of motion (2) Docket Text: NOTICE of Motion by Casey Gordon Campbell for presentment of Plaintiff's motion for expedite discovery [17] before Honorable Andrea R. Wood on 8/21/2019 at 09:00 AM. (Campbell, Casey) Docket Text Modified by Judicial Staff on 8/19/2019 (ef, ). |
| Aug 15, 2019 | 1 | Main Document (42) Docket Text: COMPLAINT filed by Radio Flyer Inc.; Jury demand. Filing fee $ 400, receipt number 0752-16143102. (Attachments: # (1) Exhibit, # (2) Exhibit)(Campbell, Casey) |
| Aug 15, 2019 | 1 | Exhibit (12) |
| Aug 15, 2019 | 1 | Exhibit (2) |
| Aug 15, 2019 | 2 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Radio Flyer Inc. by Casey Gordon Campbell (Campbell, Casey) |
| Aug 15, 2019 | 3 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Radio Flyer Inc. by Casey Gordon Campbell (Campbell, Casey) |
| Aug 15, 2019 | 4 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Radio Flyer Inc. by Casey Gordon Campbell (Campbell, Casey) |
| Aug 15, 2019 | 5 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Radio Flyer Inc. by Casey Gordon Campbell (Campbell, Casey) |
| Aug 15, 2019 | 6 | civil cover sheet (2) Docket Text: CIVIL Cover Sheet (Campbell, Casey) |
| Aug 15, 2019 | 7 | statement (1) Docket Text: Disclosure STATEMENT by Radio Flyer Inc. (Campbell, Casey) |
| Aug 15, 2019 | 8 | other (2) Docket Text: Notice of claims by Radio Flyer Inc. (Campbell, Casey) |
