Case number 1:17-cv-01767
TRISTAR PRODUCTS, INC. v. OCEAN STATE JOBBERS, INC. et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Apr 26, 2022 | 111 | Stipulation and Order (1) Docket Text: STIPULATION AND ORDER of Voluntary Dismissal Pursuant to F.R.C.P. 41(a)(1)(A)(ii). Signed by Judge Karen M. Williams on 4/26/2022. (dmr) |
| Apr 25, 2022 | 110 | Stipulation of Dismissal (aty) (1) Docket Text: STIPULATION of Dismissal by KE M.O.House Co., TRISTAR PRODUCTS, INC.. (BAKOS, EDWARD) |
| Feb 22, 2022 | N/A | Settlement Conference (0) Docket Text: Minute Entry for proceedings held before Magistrate Judge Matthew J. Skahill: Settlement Conference held by telephone on 2/22/2022. (rss, ) |
| Feb 22, 2022 | 109 | Order 60-Day Administrative Termination (1) Docket Text: Order Administratively Terminating Action - 60 Day, Pending Consummation of Settlement. Administrative Termination deadline set for 4/25/2022. Signed by Magistrate Judge Matthew J. Skahill on 2/22/2022. (dmr) |
| Jan 31, 2022 | 107 | Letter (2) Docket Text: Letter from Counsel for Plaintiffs Requesting Adjournment of Pretrial Conference re [106] Order,. (BAKOS, EDWARD) |
| Jan 31, 2022 | N/A | Order (0) Docket Text: Text Order: The Court has received the letter from counsel and the adjournment request is GRANTED. The final pretrial conference is rescheduled for February 22, 2022 at 2:00 p.m. Call in number is 888-808-6929, access code 2170922#. So Ordered by Magistrate Judge Matthew J. Skahill on 1/31/22. (Shaw, A). |
| Jan 21, 2022 | N/A | Order (0) Docket Text: TEXT ORDER: The revised date for the pretrial conference to review the submitted Joint Final Pretrial Order and address objections therein is February 1, 2022 at 2:00 p.m. The call-in number is 888-808-6929, access code 2170922#. So Ordered by Magistrate Judge Matthew J. Skahill on 1/21/22. (Shaw, A). |
| Dec 21, 2021 | N/A | Order (0) Docket Text: Text Order: Having convened a settlement conference with counsel on December 17, 2021, and with the consent of the parties, and for good cause shown, counsel for Ocean State Jobbers shall report back to the court after further conferring with general counsel, and the Court will continue to work with the parties to facilitate a resolution to this matter. Counsel should report back by no later than January 4, 2022. Unless otherwise ordered, the next proceeding in this matter is the Final Pretrial Conference, which will proceed as scheduled on January 18, 2022 at 3:00 p.m. (see Text Order 102 for further detail), where settlement will be further discussed. So Ordered by Magistrate Judge Matthew J. Skahill on 12/21/21. (Shaw, A). |
| Dec 17, 2021 | N/A | Settlement Conference (0) Docket Text: Minute Entry for proceedings held before Magistrate Judge Matthew J. Skahill: Settlement Conference held by phone on 12/17/2021. (rss, ) |
| Nov 12, 2021 | N/A | Order Reassigning Case (0) Docket Text: TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Karen M. Williams for all further proceedings. Judge Renee Marie Bumb no longer assigned to case. So Ordered by Chief Judge Freda L. Wolfson on 11/12/2021. (dmw, ) |
| Nov 10, 2021 | N/A | Order (0) Docket Text: Text Order: Having conferenced with counsel and for good cause shown, it is ORDERED: The Court shall hold a SETTLEMENT CONFERENCE VIA TELEPHONE on December 17, 2021 at 2:00 p.m. Counsel are directed to the Court website for further detail on the submission of confidential settlement memoranda (https://www.njd.uscourts.gov/content/matthew-j-skahill). The parties shall exchange demands and offers prior to the conference. Clients with settlement authority shall be available. It is FURTHER ORDERED, in the event this matter does not settle, that the Court shall hold a FINAL PRETRIAL CONFERENCE VIA TELEPHONE on January 18, 2022 at 3:00 p.m. It will be necessary for counsel to cooperate in preparing the form Joint Final Pretrial Order. The instructions for preparing the Order can be found on the website: (http://www.njd.uscourts.gov/sites/njd/files/pretrialorder%20camden.pdf). Counsel for the plaintiff shall be responsible for filing a copy of the proposed joint final pretrial order on behalf of the parties on ECF at least 5 business days before the conference. The call in number for the SETTLEMENT CONFERENCE and the FINAL PRETRIAL CONFERENCE is 888-808-6929, access code 2170922#. So Ordered by Magistrate Judge Matthew J. Skahill on 11/10/21. (Shaw, A). |
| Nov 9, 2021 | N/A | Status Conference (0) Docket Text: Minute Entry for proceedings held before Magistrate Judge Matthew J. Skahill: Telephone Status Conference held on 11/9/2021. (rss, ) |
| Oct 27, 2021 | N/A | Order (0) Docket Text: TEXT ORDER: The Court will hold a telephone status conference on November 9, 2021 at 11:00 a.m. The call in number is 888-808-6929, access code 2170922#. So Ordered by Magistrate Judge Matthew J. Skahill on 10/27/21. (Shaw, A). |
| Aug 5, 2021 | 100 | Statement 7.1.1 Third Party Funding (2) Docket Text: Third Party Litigation Funding disclosure statement pursuant to L.Civ.R 7.1.1(a)(1-3) filed by KE M.O.House Co., TRISTAR PRODUCTS, INC.. (BAKOS, EDWARD) |
| Jul 15, 2021 | 98 | Opinion (27) Docket Text: OPINION. Signed by Judge Renee Marie Bumb on 7/15/2021. (dmr) |
| Jul 15, 2021 | 99 | Order on Motion for Partial Summary Judgment (1) Docket Text: ORDER denying Plaintiff's [67] Motion for Partial Summary Judgment without prejudice. Signed by Judge Renee Marie Bumb on 7/15/2021. (dmr) |
| Jul 2, 2021 | 97 | Statement (1) Docket Text: STATEMENT Pursuant to Local Rule 7.1.1 regarding litigation financing by OCEAN STATE JOBBERS, INC.. (KOSHY, ROBIN) |
| Jun 25, 2021 | N/A | Order (0) Docket Text: TEXT ORDER: Pursuant to L. CIV. R. 7.1.1 (eff. June 21, 2021), the parties, including intervening parties, are required to file a statement (separate from any pleading) containing specific information regarding third-party litigation funding. See L. Civ. R. 7.1.1(a)(1-3). This statement shall be filed within 45 days of the effective date of this Rule, or no later than August 5, 2021. So Ordered by Magistrate Judge Matthew J. Skahill on 6/25/2021. (se, ) |
| Mar 18, 2021 | 94 | Brief (4) Docket Text: BRIEF in Reply to Plaintiffs' Supplemental Briefing [D.E. 92] (KOSHY, ROBIN) |
| Mar 12, 2021 | N/A | Add and Terminate Judges (0) Docket Text: Magistrate Judge Matthew J. Skahill added. Magistrate Judge Joel Schneider no longer assigned to case. (mb, ) |
| Mar 12, 2021 | 93 | Order (2) Docket Text: ORDER regarding Ocean State's donation of the pans at issue. Signed by Judge Renee Marie Bumb on 3/12/2021. (dmr) |
| Mar 11, 2021 | 92 | Brief (16) Docket Text: BRIEF Supplemental in Support of Motion for Summary Judgment per Order 89 (BAKOS, EDWARD) |
| Feb 19, 2021 | 89 | Order on Motion for Partial Summary Judgment (2) Docket Text: ORDER granting Defendant's [66] Motion for Partial Summary Judgment; ORDERED that Plaintiff's [67] Motion for Partial Summary Judgment is denied in part, insofar as judgment will be entered in Defendant's favor on Counts II, III, and XI, etc. Signed by Judge Renee Marie Bumb on 2/19/2021. (dmr) |
| Feb 18, 2021 | 88 | Status Conference (1) Docket Text: Minute Entry for proceedings held before Judge Renee Marie Bumb: Status Conference held via video on 2/18/2021. Ordered supplemental briefing by the parties within 3 weeks and one week for any reply. (Court Reporter Karen Friedlander) (ar1, ) |
| Feb 17, 2021 | N/A | Order (0) Docket Text: TEXT ORDER. In light of Defendants February 16, 2021 letter [Docket No. 86], the Court will hold a call on Thursday, February 18, 2021, at 1:00pm. A Zoom link will be sent to Counsels email addresses as they appear on the docket. So Ordered by Judge Renee Marie Bumb on 2/17/21. (ar1, ) |
| Feb 16, 2021 | 86 | Letter (2) Docket Text: Letter from Robin Koshy, Esq., requesting clarification on the Courts previous order regarding the donation of pans [D.E. 85]. (KOSHY, ROBIN) |
| Jan 29, 2021 | 85 | Order (2) Docket Text: ORDER Granting in Part and Denying Part Ocean State's Application; Denying Plaintiffs Motion for Reconsideration, etc. Signed by Judge Renee Marie Bumb on 1/29/21. (dd, ) |
| Jan 25, 2021 | N/A | Order on Motion for Reconsideration (0) Docket Text: ORDER denying [82] Motion for Reconsideration. The Motion for Reconsideration [Docket No. 82] is denied. The Court did not overlook Count I of Plaintiffs`Second Amended Complaint that alleges a violation of 35 U.S.C. § 271. Indeed, allegation of a patent infringement is precisely why the Court afforded Plaintiffs an opportunity to accept delivery of the 836 pans within seven days because Plaintiffs had made it clear that they viewed a charitable donation as ``mak[ing], us[ing], offer[ing] to sell, or sell[ing] any patented invention" without authority, which 35 U.S.C. § 271(a) prohibits. The Court`s Order allowed Plaintiffs, not Defendant, to dispose of the pans. Putting aside the issue as to whether a charitable donation does, in fact, fall within the purview of the statutory language, the Court struggles to understand Plaintiffs` uncompromising position. Plaintiffs are clear that their patent right should be protected. Return of the allegedly infringing pans accomplishes that, and a refusal to accept the pans that have NO evidentiary value appears only punitive. Plaintiffs ask that the Court require Defendant to retain the pans until the Court rules on the pending motions. It is unfair to put the Court in middle of an easy, fairly solvable dispute. If the Court rules in favor of Plaintiffs as to the design patent claim, the retention of the pans will have had no added component to the case. If the Court renders the patent claim obvious, Defendant would have unnecessarily incurred a financial burden that grew with each day the Court delayed its ruling. Given this Court`s significant backlog (this District has been declared to be in a judicial emergency for years) the Court does not anticipate being able to address this case anytime soon. Accordingly, for these reasons, Plaintiffs shall advise Defendant by January 28, 2021 whether they will accept delivery of the pans on or before February 5, 2021 (unless extended by mutual consent). If Plaintiffs refuse delivery, Defendant may dispose of the pans by trash or other recyclable-friendly means. The Court will not enter an order permitting the pans to be donated to a charity group without Plaintiffs` consent. The most the Court can do is to urge Plaintiffs to choose enriching a life rather than a landfill. On January 29, 2021, Defendant shall submit the appropriate order embodying the Court`s directive. Signed by Judge Renee Marie Bumb on 1/25/2021. (Bumb, Renee) |
| Jan 22, 2021 | N/A | Set/Reset Motion and R&R Deadlines/Hearings (0) Docket Text: Set/Reset Deadlines as to [82] MOTION for Reconsideration re [81] Order . Motion set for 2/16/2021 before Judge Renee Marie Bumb. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr) |
| Jan 15, 2021 | N/A | Order (0) Docket Text: TEXT ORDER. This matter comes before the Court upon a letter by counsel for Defendant Ocean State Jobbers, Inc. requesting an order allowing it to donate the pans to a charity group. Plaintiff`s Tristar Products, Inc. opposition is confounding. Plaintiff`s statement that ``Should Defendant wish to donate the pans at this time, Plaintiffs again invite settlement discussions to resolve the claims in this lawsuit,`` is very troubling. This statement may be construed to mean that Plaintiff will continue to force a financial burden on the Defendant (the cost of storage) unless it settles the case. The Court does not conduct business in this manner. The evidence presently before the Court is that it is undisputed that not one of the 836 pans contains the Copper Chef logo. This evidence appears to be consistent with Ocean State`s express instruction to Tristar`s disgruntled manufacturer that any logo be removed. Moreover, the evidence before the Court appears to be that there is no genuine dispute that the manufacturer removed the logo before the shipment of 2,764 pans in December 2016. (Tristar`s assertion that there were later shipments appears to be highly speculative, unsupported by the record.) Thus, the case seems to boil down to perhaps a dispute about one pan with the Copper Chef logo - a fact Tristar disputes - currently in the possession of counsel for Tristar. As for the remaining 1,928 pans, it does not appearTristar has presented any evidence to dispute its own manufacturer that it removed the logos as Ocean State had requested. This is all to say that the Court can find no compelling reason why the 836 pans need to be stored any further. IT IS HEREBY ORDERED that either Tristar accept delivery of the pans within 7 days of this Order or the Court will enter an Order permitting Ocean State to donate them to a charity group. Finally, the Court observes that it will resolve the pending motions as soon as practicable but may wish to resolve initially the issue as to what evidence would be permitted to go before the jury in terms of damages (assuming liability), e.g., one pan or more. Resolution of this issue first may, in fact, assist the parties in their settlement discussions. The parties should be prepared to discuss this matter and offer suggestions to the Court as to how to best accomplish that. So Ordered by Judge Renee Marie Bumb on 1/15/21. (Bumb, Renee) |
| Dec 16, 2020 | 79 | Discovery Hearing (1) Docket Text: Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Discovery Conference held on 12/16/2020. Discovery Conference by phone held on the record. Order to be entered.(Court Reporter/Recorder Electronic Court Recorder.) (dmr) |
| Dec 14, 2020 | 78 | Letter (2) Docket Text: Letter from Robin Koshy, Esq. responding to Show Cause reply from Plaintiffs re [77] Response to Order to Show Cause. (KOSHY, ROBIN) |
| Dec 10, 2020 | 77 | Response to Order to Show Cause (2) Docket Text: RESPONSE TO ORDER TO SHOW CAUSE by KE M.O.House Co., TRISTAR PRODUCTS, INC.. (BAKOS, EDWARD) |
| Dec 7, 2020 | N/A | Order (0) Docket Text: TEXT ORDER: The Court having received defense counsels December 5, 2020 letter [Doc. No. 74], it is hereby ORDERED a conference call is scheduled on December 16, 2020, at 3:00 p.m. to address the issue. Defendant shall show cause in writing by December 10, 2020 why the requested relief should not be granted. Plaintiff may respond by December 14, 2020. So Ordered by Magistrate Judge Joel Schneider on 12/7/20. (Shaw, A). |
| Dec 7, 2020 | N/A | Order (0) Docket Text: AMENDED TEXT ORDER: The Court having received defense counsels December 5, 2020 letter [Doc. No. 74], it is hereby ORDERED a conference call is scheduled on December 16, 2020, at 3:00 p.m. to address the issue. Plaintiff shall show cause in writing by December 10, 2020 why the requested relief should not be granted. Defendant may respond by December 14, 2020. So Ordered by Magistrate Judge Joel Schneider on 12/7/20. (Shaw, A). |
| Dec 5, 2020 | 74 | Letter (10) Docket Text: Letter from Robin Koshy, Esq., requesting Court Conference. (KOSHY, ROBIN) |
| Oct 15, 2020 | N/A | Set/Reset Motion and R&R Deadlines/Hearings (0) Docket Text: Set/Reset Deadlines as to [66] MOTION for Partial Summary Judgment . Motion set for 11/16/2020 before Judge Renee Marie Bumb. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr) |
| Oct 14, 2020 | N/A | Set/Reset Motion and R&R Deadlines/Hearings (0) Docket Text: Set/Reset Deadlines as to [67] MOTION for Partial Summary Judgment of Design Patent Infringement and Trademark Infringement by Defendant Ocean State Jobbers, Inc.. Motion set for 11/16/2020 before Judge Renee Marie Bumb. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr) |
| Oct 14, 2020 | 69 | Letter Rule 7.1 (2) Docket Text: Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion filed by KE M.O.House Co., TRISTAR PRODUCTS, INC. re [66] MOTION for Partial Summary Judgment (BAKOS, EDWARD) |
| Oct 13, 2020 | 68 | Letter Rule 7.1 (1) Docket Text: Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion filed by OCEAN STATE JOBBERS, INC. re [67] MOTION for Partial Summary Judgment of Design Patent Infringement and Trademark Infringement by Defendant Ocean State Jobbers, Inc. (KOSHY, ROBIN) |
| Oct 2, 2020 | N/A | Set/Reset Motion and R&R Deadlines/Hearings (0) Docket Text: Set/Reset Deadlines as to [67] MOTION for Partial Summary Judgment of Design Patent Infringement and Trademark Infringement by Defendant Ocean State Jobbers, Inc., [66] MOTION for Partial Summary Judgment . Motion set for 11/2/2020 before Judge Renee Marie Bumb. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr) |
| Sep 3, 2020 | 64 | Discovery Hearing (1) Docket Text: Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Discovery Conference held on 9/3/2020. Discovery Conference by phone held on the record. Order to be entered. (Court Reporter/Recorder Electronic Court Recorder.) (dmr) |
| Sep 3, 2020 | N/A | Order (0) Docket Text: TEXT ORDER: The Court having held a discovery conference by phone on September 3, 2020; and this Order intending to confirm the Court's rulings; and accordingly, It is hereby ORDERED this 3rd day of September 2020 as follows: 1) defendant is granted leave to serve ten (10) additional interrogatories. Answers shall be served by September 17, 2020; 2) by September 17, 2020, plaintiff shall supplement its responses to interrogatories 1,2,4,5,6 and 7 or indicate no additional information is responsive; 3) plaintiff is granted leave to inspect defendant's pans by September 29, 2020. If the inspection is not timely completed, plaintiff shall be deemed to have waived its right to inspect; and it is further, ORDERED all present scheduling deadlines shall remain in place. So Ordered by Magistrate Judge Joel Schneider on 9/3/20. |
| Sep 2, 2020 | 63 | Letter (4) Docket Text: Letter from Edward P. Bakos re Discovery re [60] Order,,. (BAKOS, EDWARD) |
| Sep 1, 2020 | 62 | Letter (22) Docket Text: Letter from Robin Koshy, Esq. summarizing all present discovery disputes with the Plaintiffs prior to court conference. (KOSHY, ROBIN) |
| Aug 31, 2020 | N/A | Status Conference (0) Docket Text: Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Status Conference held on 8/31/2020. (se, ) |
| Aug 31, 2020 | N/A | Order (0) Docket Text: TEXT ORDER: The Court having held a conference call with counsel on August 31, 2020,; and it appearing that the parties are not close to resolving the case, it is hereby ORDERED a conference call is scheduled on September 3, 2020 at 11:30 a.m. The call in and access numbers for the call have already been provided. Discovery dispute letters shall be served no later than September 3, 2020 at 5:00 p.m. It is further ORDERED all dispositive motions shall be filed by October 1, 2020. All other present scheduling deadlines shall remain in place. So Ordered by Magistrate Judge Joel Schneider on 8/31/20. (Shaw, A) |
| Aug 31, 2020 | 61 | Corporate Disclosure Statement (aty) (2) Docket Text: Corporate Disclosure Statement by KE M.O.House Co.. (BAKOS, EDWARD) |
| Aug 17, 2020 | N/A | Order (0) Docket Text: TEXT ORDER: A telephone conference will take place on August 31, 2020 at 10:30 a.m. The call-in number for the call is 1-888-684-8852, access code 3436790#.. So Ordered by Magistrate Judge Joel Schneider on 8/17/20. (Shaw, A) |
| Aug 14, 2020 | 58 | Letter (2) Docket Text: Letter from all Parties re Joint Proposed Schedule Regarding Claim Construction. (BAKOS, EDWARD) |
| Jul 31, 2020 | 57 | Markman Response Brief (6) Docket Text: MARKMAN RESPONSE BRIEF re [55] Markman Opening Brief (KOSHY, ROBIN) |
| Jul 7, 2020 | N/A | Settlement Conference (0) Docket Text: Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Settlement Conference held via Zoom Videoconference on 7/7/2020. (se, ) |
| Jul 6, 2020 | N/A | Order (0) Docket Text: TEXT ORDER: The start time of the settlement conference scheduled on July 7, 2020 is hereby moved to 3:00 p.m. So Ordered by Magistrate Judge Joel Schneider on 7/6/20. (Shaw, A) |
| Jun 29, 2020 | 55 | Markman Opening Brief (10) Docket Text: MARKMAN OPENING BRIEF (BAKOS, EDWARD) |
| Jun 16, 2020 | N/A | Status Conference (0) Docket Text: Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Status Conference held on 6/16/2020. (se, ) |
| Jun 16, 2020 | N/A | Order (0) Docket Text: TEXT ORDER: It is hereby ORDERED a settlement conference will be held via Zoom on July 7, 2020 at 2:00 p.m. The parties shall serve confidential settlement memos not to exceed five (5) pages by July 2, 2020. The parties shall serve the memos via fax or email. Clients with settlement authority shall be available to participate in the Zoom if needed. So Ordered by Magistrate Judge Joel Schneider on 6/16/20. (Shaw, A) |
| Jun 12, 2020 | 53 | Status Report (6) Docket Text: STATUS REPORT Regarding Discovery Disputes by OCEAN STATE JOBBERS, INC.. (KOSHY, ROBIN) |
| Jun 9, 2020 | N/A | Order (0) Docket Text: TEXT ORDER: The call-in number for the phone status conference on June 16, 2020 is 1-888-684-8852, access code 3436790#. So Ordered by Magistrate Judge Joel Schneider on 6/9/20. (Shaw, A) |
| Mar 24, 2020 | N/A | Status Conference (0) Docket Text: Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Status Conference held on 3/24/2020. (se, ) |
| Mar 24, 2020 | 51 | Scheduling Order (2) Docket Text: AMENDED SCHEDULING ORDER: Telephone Conference set for 6/16/2020 at 10:30 AM before Magistrate Judge Joel Schneider. Pretrial Factual Discovery due by 8/31/2020. Dispositive Motions due by 12/15/2020, etc. Signed by Magistrate Judge Joel Schneider on 3/24/2020. (dmr) |
| Mar 17, 2020 | N/A | Order (0) Docket Text: TEXT ORDER -- The parties are notified the Court is prepared to proceed with the conference on March 24, 2020 by phone. The Court will not hold an in-person conference. The parties are further advised that in view of the present virus situation, if requested by any counsel the Court will reschedule the conference. Counsel shall meet and confer about the matter. If a postponement is requested counsel shall notify the Court via a filing on PACER or a fax (856-757-5355) to chambers. Counsel will be notified of a new date for an in-person conference if a postponement is requested. If the Court does not hear from counsel it will assume the conference will proceed by phone on March 24, 2020 at the scheduled time.. So Ordered by Magistrate Judge Joel Schneider on 3/17/20. (Schneider, Joel) |
| Mar 17, 2020 | 50 | Answer to Counterclaim (5) Docket Text: ANSWER to Counterclaim Third Amended by KE M.O.House Co., TRISTAR PRODUCTS, INC..(BAKOS, EDWARD) |
| Mar 13, 2020 | 48 | Status Report (23) Docket Text: STATUS REPORT Regarding Discovery Disputes by OCEAN STATE JOBBERS, INC.. (KOSHY, ROBIN) |
| Feb 25, 2020 | 47 | Counterclaim (8) Docket Text: Amended COUNTERCLAIM against KE M.O.House Co., TRISTAR PRODUCTS, INC.((a Pennsylvania corporation)), filed by OCEAN STATE JOBBERS, INC.((a Rhode Island corporation) ).(KOSHY, ROBIN) |
| Feb 11, 2020 | N/A | Order (0) Docket Text: TEXT ORDER This matter comes before the Court upon a letter, filed by Plaintiffs Tristar Products, Inc. and KE M.O. House Co., Ltd. (collectively, "Plaintiffs") [Dkt. No. 44], requesting a Pre-Motion Conference regarding a proposed motion to dismiss the Counterclaim, filed by Defendant Ocean State Jobbers, Inc. ("Defendant"). In response to Plaintiffs' letter, Defendant states that it wishes to exercise its right under Fed. R. Civ. P. 15(a)(1)(B) to amend its Counterclaim [see Dkt. No. 45]. Accordingly, the Court shall permit Defendant to file an amended counterclaim within fourteen (14) days. If Plaintiffs believe that the amended counterclaim fails to rectify the alleged deficiencies, they may file a new letter requesting a pre-motion conference. So Ordered by Judge Renee Marie Bumb on 02/11/2020. (Costigan, Roberta) |
| Feb 7, 2020 | 45 | Letter (3) Docket Text: Letter from ROBIN KOSHY in response to Plaintiffs' [44] Letter. (dmr) |
| Jan 30, 2020 | 44 | Letter (3) Docket Text: Letter from Plaintiffs Requesting Pre-Motion Conference. (BAKOS, EDWARD) |
| Jan 29, 2020 | N/A | Order (0) Docket Text: TEXT ORDER This matter comes before the Court upon a Motion to Dismiss Defendant Ocean State Jobbers, Inc.'s Counterclaim, filed by Plaintiffs Tristar Products, Inc. and KE M.O House Co., Ltd. on January 27, 2020 [Dkt. No. 41]. As outlined in Section I.A of this Court's Individual Rules and Procedures, "before bringing a motion to dismiss a party must submit a letter, not to exceed three (3) single-spaced pages, requesting a pre-motion conference," which "set[s] forth the basis for the anticipated motion and include[s] citations to relevant authority." As Plaintiffs have failed to submit a pre-motion letter, the Motion to Dismiss the Counterclaim [Dkt. No. 41] is hereby ADMINISTRATIVELY TERMINATED. If Plaintiffs wish to bring their motion, they should first comply with this Court's Individual Rules and Procedures. So Ordered by Judge Renee Marie Bumb on 01/29/2020. (Costigan, Roberta) |
| Jan 28, 2020 | N/A | Set/Reset Motion and R&R Deadlines/Hearings (0) Docket Text: Set/Reset Deadlines as to [41] MOTION to Dismiss Counterclaim. Motion set for 3/2/2020 before Judge Renee Marie Bumb. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr) |
| Jan 28, 2020 | N/A | Set/Reset Motion and R&R Deadlines/Hearings (0) Docket Text: Set/Reset Deadlines as to [41] MOTION to Dismiss Counterclaim. Motion set for 3/16/2020 before Judge Renee Marie Bumb. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr) |
| Jan 28, 2020 | 42 | Letter Rule 7.1 (1) Docket Text: Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re [41] MOTION to Dismiss Counterclaim . (KOSHY, ROBIN) |
| Jan 21, 2020 | N/A | Status Conference (0) Docket Text: Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Status Conference held on 1/21/2020. (se, ) |
| Jan 21, 2020 | N/A | Order (0) Docket Text: TEXT ORDER -- The Court having held a conference call with the parties on January 21, 2020; and plaintiff advising the Court that its recent amended complaint [Doc. No. 36] removed six design patents and added a named plaintiff; and defendant not objecting to the amendment; and good cause existing to enter this Order; and accordingly, it is hereby ORDERED: (1) the Clerk of the Court shall restore this case to the active docket; (2) plaintiff and defendant are granted leave nunc pro tunc to file their recent pleadings [Doc. Nos. 36, 38]; (3) the parties shall meet and confer regarding all discovery disputes and a proposed final scheduling order, and; (4) a separate amended scheduling order will be entered setting an in-person conference to address all discovery disputes and a final scheduling order. So Ordered by Magistrate Judge Joel Schneider on 1/21/20. (Schneider, Joel) |
| Jan 21, 2020 | 40 | Scheduling Order (1) Docket Text: AMENDED SCHEDULING ORDER: In-Person Status, Discovery and Scheduling Conference set for 3/24/2020 at 10:30 AM before Magistrate Judge Joel Schneider, etc. Signed by Magistrate Judge Joel Schneider on 1/21/2020. (dmr) |
| Jan 6, 2020 | N/A | Order (0) Docket Text: TEXT ORDER -- It is hereby ORDERED a conference call is scheduled on January 21, 2010 at 12:00 p.m. Plaintiff's counsel shall arrange the call. So Ordered by Magistrate Judge Joel Schneider on 1/6/20. (Schneider, Joel) |
| Jan 6, 2020 | 38 | Answer to Amended Complaint (22) Docket Text: ANSWER to Amended Complaint , COUNTERCLAIM against TRISTAR PRODUCTS, INC., KE M.O.House Co. by OCEAN STATE JOBBERS, INC..(KOSHY, ROBIN) |
| Dec 23, 2019 | 36 | Amended Complaint* (1) |
| Nov 1, 2017 | N/A | Terminated Case (0) Docket Text: ***Civil Case Terminated. (dmr) |
| Nov 1, 2017 | 35 | Order (1) Docket Text: ORDER OF ADMINISTRATIVE TERMINATION WITHOUT PREJUDICE. Signed by Magistrate Judge Joel Schneider on 11/1/2017. (dmr) |
| Oct 30, 2017 | N/A | Order on Motion to Stay (0) Docket Text: ORDER finding as moot [29] Motion to Stay -- The parties having consented to a stay, it is hereby ORDERED defendant Ocean State's Motion to Stay is DENIED as moot. Ordered by Magistrate Judge Joel Schneider on 10/30/17. (Schneider, Joel) |
| Oct 30, 2017 | 34 | Stipulation and Order (3) Docket Text: STIPULATION AND ORDER Requesting Stay of Pending Ex Parte Reexamination. Signed by Magistrate Judge Joel Schneider on 10/30/2017. (dmr) |
| Oct 16, 2017 | 32 | Stipulation (4) Docket Text: STIPULATION Joint by TRISTAR PRODUCTS, INC.((a Pennsylvania corporation)). (BAKOS, EDWARD) |
| Oct 11, 2017 | N/A | Order (0) Docket Text: TEXT ORDER The Court has scheduled oral argument on defendant's Motion to Stay [Doc. No. 29] on November 6, 2017 at 2:30 p.m. in Courtroom 3C. So Ordered by Magistrate Judge Joel Schneider on October 11, 2017. (jk) |
| Oct 11, 2017 | N/A | Order (0) Docket Text: TEXT ORDER This Text Order will confirm that the oral argument on defendant's Motion to Stay [Doc. No. 29] will take place on November 6, 2017 at 2:30 p.m. in Courtroom 3C. The previously scheduled date of October 30, 2017 [Doc. No. 28] has been canceled. So Ordered by Magistrate Judge Joel Schneider on October 11, 2017. (jk) |
| Oct 5, 2017 | N/A | Set/Reset Motion and R&R Deadlines/Hearings (0) Docket Text: Set/Reset Deadlines as to [29] MOTION to Stay . Motion set for 11/6/2017 before Magistrate Judge Joel Schneider. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr) |
| Sep 19, 2017 | 28 | Order (1) Docket Text: LETTER ORDER re: oral argument as to the Motion to Stay filed by Defendants in 17-cv-2067 set for 10/30/2017 at 3:30 PM in Courtroom 3C, etc. Signed by Magistrate Judge Joel Schneider on 9/19/2017. (dmr) |
| Sep 13, 2017 | N/A | Order Reassigning Case (0) Docket Text: TEXT ORDER REALLOCATING AND REASSIGNING CASE. Case reallocated from the Newark Vicinage to the Camden Vicinage. Case reassigned to Judge Renee Marie Bumb and Magistrate Judge Joel Schneider for all further proceedings. Judge Katharine S. Hayden, Magistrate Judge Cathy L. Waldor no longer assigned to case. So Ordered by Chief Judge Jose L. Linares on 9/13/17. (dd, ) |
| Aug 28, 2017 | 26 | Answer to Counterclaim (9) Docket Text: ANSWER to Counterclaim by TRISTAR PRODUCTS, INC.((a Pennsylvania corporation)).(BAKOS, EDWARD) |
| Aug 7, 2017 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Magistrate Judge Cathy L. Waldor: Telephone Conference held on 8/7/2017. (tjg, ) |
| Aug 7, 2017 | 24 | Answer to Amended Complaint (30) Docket Text: ANSWER to Amended Complaint , COUNTERCLAIM against TRISTAR PRODUCTS, INC. by OCEAN STATE JOBBERS, INC..(KOSHY, ROBIN) |
| Aug 7, 2017 | N/A | Order (0) Docket Text: TEXT ORDER: The Court will hold a telephone conference, to be initiated by plaintiff, on 11/7/17 at 11:30 AM. Parties may contact chambers at (973) 776 7862. So Ordered by Magistrate Judge Cathy L. Waldor on 8/7/17. (tjg, ) |
| Jul 27, 2017 | N/A | Notice of Pro Hac Vice counsel added (0) Docket Text: Pro Hac Vice counsel, Steven E. Snow, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (ek) |
| Jul 26, 2017 | 23 | Amended Complaint* (1) |
| Jul 26, 2017 | 22 | Notice of Pro Hac Vice to Receive NEF (1) Docket Text: Notice of Request by Pro Hac Vice to receive Notices of Electronic Filings. (KOSHY, ROBIN) |
| Jul 20, 2017 | N/A | Set Deadlines/Hearings (0) Docket Text: Set Deadlines/Hearings: Amended Pleadings due by 7/28/2017. Fact Discovery due by 3/30/2018. Joinder of Parties due by 7/28/2017, etc. (ek) |
| Jul 20, 2017 | 21 | Order on Motion to Amend/Correct (2) Docket Text: ORDER granting Parties' [19] Joint Motion to Amend/Correct Scheduling Order, etc. Signed by Magistrate Judge Cathy L. Waldor on 07/19/2017. (ek) |
| Jul 19, 2017 | 20 | Order on Motion to Amend/Correct (1) Docket Text: ORDER granting Plaintiff's [18] Motion to Amend/Correct Complaint. Signed by Magistrate Judge Cathy L. Waldor on 07/19/2017. (ek) |
| Jul 18, 2017 | N/A | Set/Reset Motion and R&R Deadlines/Hearings (0) Docket Text: Set Deadlines as to [19] Joint MOTION to Amend/Correct [15] Scheduling Order, , [18] Consent MOTION to Amend/Correct Complaint. Motion set for 8/21/2017 before Judge Katharine S. Hayden. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ek) |
| Jul 18, 2017 | 19 | Motion to Amend/Correct (3) Docket Text: Joint MOTION to Amend/Correct [15] Scheduling Order, by TRISTAR PRODUCTS, INC.. (BAKOS, EDWARD) |
| Jun 16, 2017 | 17 | Order (2) Docket Text: ORDER granting Plaintiff's [16] Letter request extending time to serve Defendant Zhejiang Cooker King Cooker Co., Ltd., etc. Signed by Magistrate Judge Cathy L. Waldor on 06/15/2017. (ek) |
| Jun 14, 2017 | 16 | Letter (2) Docket Text: Letter from Noam J. Kritzer re Extension of Time to Serve Defendant Zhejiang Cooker King Cooker Co., Ltd. by December 14. 2017. (KRITZER, NOAM) |
| Jun 13, 2017 | N/A | Pretrial Conference - Initial (0) Docket Text: Minute Entry for proceedings held before Magistrate Judge Cathy L. Waldor: Initial Pretrial Conference held on 6/13/2017. (tjg, ) |
| Jun 13, 2017 | 15 | Scheduling Order (1) Docket Text: SCHEDULING ORDER: Telephone Conference set for 8/7/2017 03:00 PM before Magistrate Judge Cathy L. Waldor. Amended Pleadings due by 7/28/2017. Fact Discovery due by 3/30/2018. Joinder of Parties due by 7/28/2017, etc. Signed by Magistrate Judge Cathy L. Waldor on 06/13/2017. (ek) |
| Jun 12, 2017 | 14 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by NOAM JOSEPH KRITZER on behalf of TRISTAR PRODUCTS, INC. (KRITZER, NOAM) |
| Jun 9, 2017 | 13 | Joint Discovery Plan (7) Docket Text: Joint Discovery Plan by TRISTAR PRODUCTS, INC..(BAKOS, EDWARD) |
| May 22, 2017 | 12 | Answer to Counterclaim (7) Docket Text: ANSWER to Counterclaim by TRISTAR PRODUCTS, INC..(BAKOS, EDWARD) |
| May 9, 2017 | N/A | Pro Hac Vice Fee Received (0) Docket Text: Pro Hac Vice fee of $150 received as to STEVEN E. SNOW, ESQ., receipt number TRE080254 (mps) |
| May 4, 2017 | N/A | Set/Reset Motion and R&R Deadlines/Hearings (0) Docket Text: Set Deadlines as to [9] MOTION for Leave to Appear Pro Hac Vice . Motion set for 6/5/2017 before Judge Katharine S. Hayden. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ek) |
| May 4, 2017 | 11 | Order on Motion for Leave to Appear (3) Docket Text: ORDER granting [9] Motion for Leave to Appear Pro Hac Vice as to STEVEN E. SNOW, ESQ. Signed by Magistrate Judge Cathy L. Waldor on 5/4/17. (DD, ) |
| May 3, 2017 | 10 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by MARK DIANA on behalf of OCEAN STATE JOBBERS, INC. (DIANA, MARK) |
| May 2, 2017 | N/A | Order (0) Docket Text: TEXT ORDER: The Court will hold an initial conference (rule 16) before U.S.M.J. C. Waldor in courtroom 4C on 6/13/17 at 10:00 AM. Local counsel must be present. Parties are to submit a Joint Discovery Plan to chambers via email to CLW_Orders@njd.uscourts.gov no later than 3 days before the scheduled conference. Please contact chambers with any questions or concerns at (973) 776 7862. So Ordered by Magistrate Judge Cathy L. Waldor on 5/2/17. (tjg, ) |
| May 1, 2017 | 7 | Answer to Complaint (23) Docket Text: ANSWER to Complaint with JURY DEMAND , COUNTERCLAIM against TRISTAR PRODUCTS, INC. by OCEAN STATE JOBBERS, INC..(KOSHY, ROBIN) |
| Apr 17, 2017 | N/A | Update Answer Due Deadline (0) Docket Text: Clerk`s Text Order - The document [5] Application for Clerk's Order to Ext Answer/Proposed Order submitted by OCEAN STATE JOBBERS, INC. has been GRANTED. The answer due date has been set for 05/01/2017. (ek) |
| Apr 13, 2017 | 5 | Application for Clerk's Order to Ext Answer/Proposed Order (3) Docket Text: Application and Proposed Order for Clerk's Order to extend time to answer as to Plaintiff's Complaint. Attorney ROBIN KOSHY for OCEAN STATE JOBBERS, INC. added. (KOSHY, ROBIN) |
| Apr 13, 2017 | 6 | Corporate Disclosure Statement (aty) (1) Docket Text: Corporate Disclosure Statement by OCEAN STATE JOBBERS, INC.. (KOSHY, ROBIN) |
| Mar 16, 2017 | 1 | Complaint* (1) |
| Mar 16, 2017 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Assigned to Judge Katharine S. Hayden and Magistrate Judge Cathy L. Waldor. (ak, ) |
| Mar 16, 2017 | N/A | QC - Attorney Case Opening (0) Docket Text: CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Party Information: Parties REMOVED and then ENTERED with appropriate party text information . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (dam) |
| Mar 16, 2017 | 2 | Corporate Disclosure Statement (aty) (2) Docket Text: Corporate Disclosure Statement by TRISTAR PRODUCTS, INC.. (BAKOS, EDWARD) |
| Mar 16, 2017 | 4 | Summons Issued (2) Docket Text: SUMMONS ISSUED as to OCEAN STATE JOBBERS, INC., ZHEJIANG COOKER KING COOKER CO., LTD Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *Donato Marucci* (dam) |
