Amsted Rail Company, Inc. v. Temper Axle Products Corporation
| Amsted Rail Company, Inc. |
| Temper Axle Products Corporation |
| 6:2014cv00802 |
| July 2, 2014 |
| US District Court for the Northern District of New York |
| Utica Office |
| XX US, Outside State |
| Andrew T Baxter |
| Glenn T Suddaby |
| Patent |
| 28 U.S.C. § 2201 Declaratory Judgement |
| Both |
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| Filing 47 Report on the Filing and Determination of an Action. (Attachments: #1 Opening Report prepared by Northern District of Illinois) (hmr) |
Filing 46
ORDER approving #45 Stipulation of Dismissal. Signed by Judge Glenn T. Suddaby on 4/15/15. (lmw)
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| Filing 45 STIPULATION of Dismissal by Temper Axle Products Corporation submitted to Judge Hon. Glenn T. Suddaby. (Sheehan, Teige) |
| Filing 44 TEXT ORDER : By agreement of the parties during an initial pretrial conference conducted on 7/22/2014, this matter is STAYED without prejudice to plaintiff's right to request that this action be reactivated at any time. Authorized by US Magistrate Judge Andrew T. Baxter on 7/22/14. (sal, ) |
| TEXT Minute Entry for proceedings held before US Magistrate Judge Andrew T. Baxter: Initial Pretrial Conference held on 7/22/2014. Parties have not yet agreed upon the language for the stipulation of dismissal regarding this action. Plaintiff's counsel has concerns with defendant's counsel possibly seeking a transfer of this case. By agreement of the parties, Judge orders this matter stayed without prejudice to plaintiff's right to request that the action be reactivated at any time. The following deadlines are set in the related action, 6:14-CV-471; Temper Axle Products Corporation v. Amsted Rail Company, Inc. : Joinder and Amendment deadlines are set for 8/22/2014; Patentee Infringement Contentions are due by 8/5/2014; and Accused Non-Infringement/Invalidity/Unenforceability Contentions are due by 9/4/2014. The schedule for exchange of claim construction and remaining deadlines in this related action will be revisited at the next telephone conference, which is set for 9/18/2014 at 11:30 AM. Attorney Witcoff is directed to initiate the call to Chambers. APP: David Miranda, Esq., David Witcoff, Esq., Justin Philpott, Esq., and Jason Halpin, Esq.. Time: 2:00 PM - 2:20 PM. (Court Reporter: Jodi Hibbard). (sal, ) |
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Filing 43
TEXT ORDERED: granting #42 Notice of related case. Upon review of both cases, U.S. District Judge Glenn T. Suddaby has determined that this case is related to the earlier-filed case of Temper Axle Products vs. Amsted Rail (6:14-cv-471). Therefore, in accordance with the Courts related case policy (See General Order 12) and in the interest of judicial economy, the Clerk is directed to reassign this case to U.S. District Judge Glenn T. Suddaby. Signed by Senior Judge Lawrence E. Kahn on July 18, 2014. (sas)
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| Filing 42 Notice of Related Case to case #6:14-cv-471 by Temper Axle Products Corporation submitted to Judge Suddaby. (lmw) |
| CLERK'S CORRECTION OF DOCKET ENTRY: Judge Suddaby CRD re-filed #42 Notice of related case as this notice should be filed in the new case that counsel is requesting be reassigned to the District Judge Glenn Suddaby in the earlier case (6:14-cv-471). (lmw) |
| Case Reassigned to Judge Glenn T. Suddaby. Senior Judge Lawrence E. Kahn no longer assigned to the case. (dpk) |
| CLERK'S CORRECTION OF DOCKET ENTRY: At the request of Defendant's Counsel Dkt # 42 has been deleted from the docket. Counsel indicated that it was to be filed in the related case 6:14-cv-471. (mgh) |
| TEXT NOTICE of Hearing CHANGE: The telephonic Rule 16 conference originally set for 10/1/2014 is rescheduled to 7/22/2014 at 2:15 p.m. before U.S. Magistrate Judge Andrew T. Baxter. (Counsel will likely be on the line with Judge Baxter discussing the potentially related case, 6:14-cv-00471-GTS-ATB; Temper Axle Products Corporation v. Amsted Rail Company, Inc. If the parties are disconnected, plaintiff's counsel is directed to initiate the call to chambers at 315-234-8600). The joint civil case management plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 7/15/2014. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mae) |
| Filing 41 CERTIFICATE OF SERVICE by Temper Axle Products Corporation re #40 Answer to Complaint, Counterclaim,, (Miranda, David) |
| Filing 40 ANSWER to #1 Complaint, Affirmative Defense, COUNTERCLAIM against Amsted Rail Company, Inc. by Temper Axle Products Corporation. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D)(Miranda, David) |
| Filing 39 Report on the Filing of an Action regarding patent number US 8,662,557 B2. (cbm ) |
| Filing 38 NOTICE of Admission Requirement as to Party Temper Axle Products; Attorneys Jonathan Loevy, Email address is jon@loevy.com and Matthew Topic, Email address is matt@loevy.com. Phone number is 312-243-5900. Admissions due by 7/16/2014. (mailed with copy of General Order 25)(cbm ) |
| Filing 37 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 10/1/2014 at 11:00 AM by telephone with US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/24/2014. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (cbm ) |
| Filing 36 Case transferred in from District of Illinois Northern; Case Number 1:14-cv-02849. electronically transferred when case opened |
| Filing 35 TRANSFERRED to the United States District Court for the Northern District of New York the electronic record (tg, ) [Transferred from Illinois Northern on 7/2/2014.] |
| ***Answer due date updated for Temper Axle Products Corporation, answer due 7/11/2014. (cbm ) |
| TEXT NOTICE to Attorneys Witcoff, Fender and Philpott: your pro hac vice admission to this court applies only to Temper Axle Products v. Amsted Rail Company, 6:14-cv-471. You must apply for pro hac vice admission in the instant case also. See NYND Local Rules 83.1(d) and 83.2 on the court's website at www.nynd.uscourts.gov. (cbm ) |
| Notice re: Compliance with General Order #12: Pursuant to General Order #12, counsel is required to file the Notice of Related Case form as a separate document. Refer to the Court's website: www.nynd.uscourts.gov for further instructions. Counsel may access the fillable form using the following link: www.nynd.uscourts.gov/content/general-order-12 (cbm ) |
| Filing 34 MAILED patent report to Patent Trademark Office, Alexandria VA (tg, ) [Transferred from Illinois Northern on 7/2/2014.] |
| Filing 33 TRANSCRIPT OF PROCEEDINGS held on 06/17/14 before the Honorable James F. Holderman. Court Reporter Contact Information: Colleen Conway @312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 7/15/2014. Redacted Transcript Deadline set for 7/25/2014. Release of Transcript Restriction set for 9/22/2014. (Conway, Colleen) [Transferred from Illinois Northern on 7/2/2014.] |
| Filing 32 TRANSCRIPT OF PROCEEDINGS held on 06/10/14 before the Honorable James F. Holderman. Court Reporter Contact Information: Colleen Conway @312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 7/15/2014. Redacted Transcript Deadline set for 7/25/2014. Release of Transcript Restriction set for 9/22/2014. (Conway, Colleen) [Transferred from Illinois Northern on 7/2/2014.] |
| Filing 31 TRANSCRIPT OF PROCEEDINGS held on 06/05/14 before the Honorable James F. Holderman. Court Reporter Contact Information: Colleen Conway @312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 7/15/2014. Redacted Transcript Deadline set for 7/25/2014. Release of Transcript Restriction set for 9/22/2014. (Conway, Colleen) [Transferred from Illinois Northern on 7/2/2014.] |
| Filing 30 MINUTE entry before the Honorable James F. Holderman: Status hearing held. For the reasons stated on the record, Defendant's motion to dismiss, or in the alternative, to transfer case #15 is granted. Plaintiff's motion for discovery #25 is terminated. This case is transferred to the Northern District of New York. Civil case terminated. Notice mailed by judge's staff (ntf, ) [Transferred from Illinois Northern on 7/2/2014.] |
| Filing 29 DECLARATION of Justin M. Philpott regarding motion for discovery #25 (Philpott, Justin) [Transferred from Illinois Northern on 7/2/2014.] |
| Filing 28 RESPONSE by Temper Axle Products Corporation to MOTION by Plaintiff Amsted Rail Company, Inc. for discovery To Conduct Expedited Discovery #25 (Miranda, David) [Transferred from Illinois Northern on 7/2/2014.] |
| Filing 27 MINUTE entry before the Honorable James F. Holderman: Status hearing held and continued to 6/17/14 at 9:00 a.m. Motion hearing held. Plaintiff's motion to conduct expedited discovery #25 is taken under advisement. Defendant's response shall be filed by 6/13/14. Motion hearing date of 6/12/14 is stricken. Notice mailed by judge's staff (ntf, ) [Transferred from Illinois Northern on 7/2/2014.] |
| Filing 26 NOTICE of Motion by Justin M. Philpott for presentment of motion for discovery #25 before Honorable James F. Holderman on 6/12/2014 at 09:00 AM. (Philpott, Justin) [Transferred from Illinois Northern on 7/2/2014.] |
| Filing 25 MOTION by Plaintiff Amsted Rail Company, Inc. for discovery To Conduct Expedited Discovery (Attachments: #1 Exhibit A-G, #2 Exhibit H-I, #3 Exhibit J)(Philpott, Justin) [Transferred from Illinois Northern on 7/2/2014.] |
| Filing 24 MINUTE entry before the Honorable James F. Holderman: Motion hearing held. Defendant's motion to stay initial disclosures #19 is denied. Parties shall serve their initial disclosures. This does not trigger the dates for the implementation of the Local Patent Rules. Defendant's motion for dismissal or, in the alternative, transfer #15 is entered and continued to 6/10/14 at 9:00 a.m. Status hearing set for 6/10/14 at 9:00 a.m. Notice mailed by judge's staff (ntf, ) [Transferred from Illinois Northern on 7/2/2014.] |
| Filing 23 ATTORNEY Appearance for Defendant Temper Axle Products Corporation by Teige Patrick Sheehan (Sheehan, Teige) [Transferred from Illinois Northern on 7/2/2014.] |
| Filing 22 ATTORNEY Appearance for Defendant Temper Axle Products Corporation by David P. Miranda (Miranda, David) [Transferred from Illinois Northern on 7/2/2014.] |
| Filing 21 MINUTE entry before the Honorable James F. Holderman: Defendant's Applications to appear pro hac vice #11 and #12 are granted. Teige P. Sheehan and David P. Miranda are given leave to appear as counsel for Defendant. Notice mailed by judge's staff (ntf, ) [Transferred from Illinois Northern on 7/2/2014.] |
| Filing 20 NOTICE of Motion by Matthew Vincent Topic for presentment of motion to stay #19 before Honorable James F. Holderman on 6/5/2014 at 09:00 AM. (Topic, Matthew) [Transferred from Illinois Northern on 7/2/2014.] |
| Filing 19 MOTION by Defendant Temper Axle Products Corporation to stay Initial Disclosures (Topic, Matthew) [Transferred from Illinois Northern on 7/2/2014.] |
| Filing 18 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Temper Axle Products Corporation Amended Disclosure Statement (Topic, Matthew) [Transferred from Illinois Northern on 7/2/2014.] |
| Filing 17 ATTORNEY Appearance for Plaintiff Amsted Rail Company, Inc. by Jessica K Fender (Fender, Jessica) [Transferred from Illinois Northern on 7/2/2014.] |
| Filing 16 NOTICE of Motion by Matthew Vincent Topic for presentment of motion to dismiss,,, motion to transfer case,, #15 before Honorable James F. Holderman on 6/5/2014 at 09:00 AM. (Topic, Matthew) [Transferred from Illinois Northern on 7/2/2014.] |
| Filing 15 MOTION by Defendant Temper Axle Products Corporation to dismiss , MOTION by Defendant Temper Axle Products Corporation to transfer case (Attachments: #1 Affidavit Mesiti Affidavit, #2 Exhibit A to Mesiti Affidavit, #3 Exhibit B to Mesiti Affidavit, #4 Exhibit C to to Mesiti Affidavit, #5 Exhibit D to Mesiti Affidavit, #6 Affidavit Piascik Affidavit, #7 Exhibit A to Piascik Affidavit, #8 Exhibit B to Piascik Affidavit, #9 Exhibit C to Piascik Affidavit, #10 Exhibit D to Piascik Affidavit, #11 Exhibit E to Piascik Affidavit, #12 Exhibit F to Piascik Affidavit, #13 Appendix Cases published in electronic databases)(Topic, Matthew) [Transferred from Illinois Northern on 7/2/2014.] |
| Filing 14 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Temper Axle Products Corporation (Topic, Matthew) [Transferred from Illinois Northern on 7/2/2014.] |
| Filing 13 NOTICE by Matthew Vincent Topic of Change of Address (Topic, Matthew) [Transferred from Illinois Northern on 7/2/2014.] |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9490285. (Miranda, David) [Transferred from Illinois Northern on 7/2/2014.] |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9490117. (Sheehan, Teige) [Transferred from Illinois Northern on 7/2/2014.] |
| Filing 10 ATTORNEY Appearance for Defendant Temper Axle Products Corporation by Matthew Vincent Topic (Topic, Matthew) [Transferred from Illinois Northern on 7/2/2014.] |
| Filing 9 ATTORNEY Appearance for Defendant Temper Axle Products Corporation by Jonathan I. Loevy (Loevy, Jonathan) [Transferred from Illinois Northern on 7/2/2014.] |
| Filing 8 SUMMONS Returned Executed by Amsted Rail Company, Inc. as to Temper Axle Products Corporation on 4/28/2014, answer due 5/19/2014. (Philpott, Justin) [Transferred from Illinois Northern on 7/2/2014.] |
| Filing 7 MAILED patent report to Patent Trademark Office, Alexandria VA (tg, ) [Transferred from Illinois Northern on 7/2/2014.] |
| Filing 6 NOTICE by Amsted Rail Company, Inc. re complaint #1 LR 3.4 NOTICE OF CLAIMS INVOLVING PATENTS (Philpott, Justin) [Transferred from Illinois Northern on 7/2/2014.] |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Amsted Rail Company, Inc. re complaint #1 (Philpott, Justin) [Transferred from Illinois Northern on 7/2/2014.] |
| Filing 4 ATTORNEY Appearance for Plaintiff Amsted Rail Company, Inc. by Justin M. Philpott (Philpott, Justin) [Transferred from Illinois Northern on 7/2/2014.] |
| Filing 3 ATTORNEY Appearance for Plaintiff Amsted Rail Company, Inc. by David L. Witcoff (Witcoff, David) [Transferred from Illinois Northern on 7/2/2014.] |
| Filing 2 CIVIL Cover Sheet (Philpott, Justin) [Transferred from Illinois Northern on 7/2/2014.] |
| Filing 1 COMPLAINT FOR DECLARATORY JUDGMENT filed by Amsted Rail Company, Inc.; Jury Demand. Filing fee $ 400, receipt number 0752-9409947. (Attachments: #1 Exhibit A - U.S. Patent No. 8,662,557)(Philpott, Justin) [Transferred from Illinois Northern on 7/2/2014.] |
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