Swartz v. Sealed Power Corporation
| Swartz and Kevin Eugene Swartz |
| Sealed Power Corporation |
| 4:2015cv00393 |
| February 24, 2015 |
| US District Court for the Middle District of Pennsylvania |
| Williamsport Office |
| Union |
| Matthew W Brann |
| Karoline Mehalchick |
| Patent |
| 15 U.S.C. § 1126 |
| Both |
Docket Report
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This docket was last retrieved on April 6, 2018. A more recent docket listing may be available from PACER.
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Filing 80
ORDER - IT IS HEREBY ORDERED that Pro Se Plaintiff's #76 Motion For Reconsideration is denied; this case remains closed; Pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if the parties desire to appeal from this Order or any prior Order of Court, they must do so within 30 days by filing a notice of appeal. Signed by Honorable Matthew W. Brann on 4/6/18 (lg)
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| Filing 79 PROPOSED REPLY (no markings) (Attachments: #1 Exhibit(s)) (lg) |
| Filing 78 PROPOSED REPLY (with markings/changes indicated) (Attachments: #1 Exhibit(s)) (lg) |
| Filing 77 BRIEF IN SUPPORT re #76 MOTION to Amend/Correct #74 Reply filed by Kevin Eugene Swartz.(lg) |
| Filing 76 MOTION to Amend/Correct #74 Reply by Kevin Eugene Swartz. (Attachments: #1 Exhibit(s), #2 Proposed Order)(lg) |
| Filing 75 FINAL REPORT to Commissioner of filing or determination of an action re PATENT. (lg) |
| Filing 74 REPLY by Kevin Eugene Swartz to #72 Response in Opposition to Objections to R&R. (Attachments: #1 Exhibit(s))(lg) |
| Filing 73 MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS - IT IS HEREBY ORDERED that Magistrate Judge Mehalchick's #69 Report and Recommendation is adopted in its entirety; #58 Plaintiff's Motion for Partial Summary Judgment is denied; #60 Defendant's Motion for Summary Judgment is granted; Clerk directed to close the case. Signed by Honorable Matthew W. Brann on 2/26/18. (case closed)(lg) Modified on 2/27/2018 (lg). |
| Filing 72 RESPONSE by Sealed Power Corporation to #71 Document Filed IN OPPOSITION TO OBJECTION TO REPORT AND RECOMMENDATIONS. (Murphy, John) |
| Filing 71 Brief in Support to #70 Objection to Report and Recommendations.Filed by Kevin Eugene Swartz. (kw) |
| Filing 70 OBJECTION to #69 Report and Recommendations. (Attachments: #1 Table of Content, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4, #6 Exhibit(s) 5, #7 Proposed Order)(kw) |
| Filing 69 REPORT AND RECOMMENDATIONS re #60 MOTION for Summary Judgment filed by Sealed Power Corporation, #58 MOTION for Partial Summary Judgment filed by Kevin Eugene Swartz - IT IS RECOMMENDED THAT: 1. The Defendants motion for summary judgment of no infringement (Doc. 60) be GRANTED as to the claims against the Plaintiff; 2. The Defendants counterclaims against the Plaintiff (Doc. 38, at 14-21, 1-35) be DISMISSED without prejudice; 3. The Plaintiffs motion for partial summary judgment for sole, exclusive ownership rights over the 679 patent (Doc. 58) be DENIED as moot; and 4. As no other claims remain, the Clerk be directed to CLOSE this case. Objections to R&R due by 2/8/2018. Signed by Magistrate Judge Karoline Mehalchick on 1/25/2018. (cw) |
| Filing 68 EXHIBITS by Kevin Eugene Swartz re #67 Reply Brief. (Attachments: #1 Exhibit(s))(lg) |
| Filing 67 REPLY BRIEF re #58 MOTION for Partial Summary Judgment filed by Kevin Eugene Swartz. (Attachments: #1 certificate of service)(lg) |
| Filing 66 REPLY BRIEF re #60 MOTION for Summary Judgment filed by Sealed Power Corporation.(Murphy, John) |
| Filing 65 ANSWER TO STATEMENT OF FACTS re #58 MOTION for Partial Summary Judgment filed by Sealed Power Corporation.(Murphy, John) |
| Filing 64 BRIEF IN OPPOSITION re #58 MOTION for Partial Summary Judgment filed by Sealed Power Corporation.(Murphy, John) |
| Filing 63 BRIEF IN OPPOSITION re #60 MOTION for Summary Judgment filed by Kevin Eugene Swartz. (Attachments: #1 Exhibit(s), #2 Proposed Order)(lg) |
| Filing 62 STATEMENT OF FACTS re #61 Brief in Support of Motion for Summary Judgment, filed by Sealed Power Corporation.(Murphy, John) |
| Filing 61 BRIEF IN SUPPORT re #60 MOTION for Summary Judgment filed by Sealed Power Corporation. (Attachments: #1 Declaration of Michael Schneck, #2 Declaration of Dennis Mendler, #3 Declaration of Kenneth J. Sheehan)(Murphy, John) |
| Filing 60 MOTION for Summary Judgment by Sealed Power Corporation. (Attachments: #1 Proposed Order)(Murphy, John) |
| Filing 59 EXHIBITS by Kevin Eugene Swartz re #58 MOTION for Partial Summary Judgment. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(lg) |
| Filing 58 MOTION for Partial Summary Judgment by Kevin Eugene Swartz. (Attachments: #1 Proposed Order)(lg) |
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Filing 57
ORDER granting #52 Motion for Protective Order Signed by Magistrate Judge Karoline Mehalchick on 5/26/2017 (cw)
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Filing 56
SCHEDULING ORDER: It having come to the Cts attention that conflicting case management ddls exist in this case, IT IS HEREBY ORDERED that the ddls in this matter are as follows: Discovery is to be completed on or before June 1, 2017.Dispositive motions, if any, should be filed, together with briefs in support thereof, on or before July 1, 2017. Any ddls set in previous case management orders are hereby changed in accordance with the above. Discovery due by 6/1/2017. Motions due by 7/1/2017.Signed by Magistrate Judge Karoline Mehalchick on 5/19/17. (ao)
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| Filing 55 BRIEF IN OPPOSITION (entitled "correspondence denying motion of objections and responses of defendant SPX Corporation to plaintiffs discovery requesting correspondence, documents, electronic files shows") re #52 MOTION for Protective Order filed by Kevin Eugene Swartz. (Attachments: #1 Proposed Order)(lg) |
| Filing 54 CERTIFICATE of by Sealed Power Corporation Regarding Compliance with Local Rule 7.1. (Murphy, John) |
| DOCKET ANNOTATION: Attorney John Murphy instructed to file a certif of concurrence/non-concurrence re motion for protective order (doc #52) (lg) |
| Filing 53 BRIEF IN SUPPORT re #52 MOTION for Protective Order filed by Sealed Power Corporation.(Murphy, John) |
| Filing 52 MOTION for Protective Order by Sealed Power Corporation. (Attachments: #1 Exhibit(s) 1 - Proposed Protective Order)(Murphy, John) |
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Filing 51
SCHEDULING ORDER: IT IS HEREBY ORDERED that the settlement conference schedule for March 29, 2017 is CANCELLED. Discovery due by 5/22/2017. Motions due by 6/21/2017.Signed by Magistrate Judge Karoline Mehalchick on 3/23/2017. (cw)
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Filing 50
SCHEDULING ORDER: Settlement Conference RESCHEDULED to 3/29/2017 10:00 AM in Scranton before Magistrate Judge Karoline Mehalchick. Signed by Magistrate Judge Karoline Mehalchick on 3/13/2017. (cw)
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| Filing 48 SPECIAL ADMISSIONS FORM APPROVED as to Kenneth J. Sheehan. Signed by Magistrate Judge Karoline Mehalchick on 3/9/2017. (cw) |
| DOCKET ANNOTATION: Verified District of Columia active status for Attorney Sheehan. (ch1) |
| Filing 47 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Kenneth J. Sheehan on behalf of Sealed Power Corporation Attorney Kenneth Sheehan is seeking special admission. Filing fee $ 50, receipt number 0314-4025644.. (Sheehan, Kenneth) |
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Filing 46
SCHEDULING ORDER: In-Person Status/Settlement Conference set for 3/14/2017 10:00 AM in Scranton before Magistrate Judge Karoline Mehalchick. Signed by Magistrate Judge Karoline Mehalchick on 2/10/2017. (cw)
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Filing 45
SCHEDULING ORDER: In-Person Status Conference/Settlement Conference set for 3/2/2017 10:00 AM in Scranton before Magistrate Judge Karoline Mehalchick. Discovery due by 6/1/2017. Motions due by 7/1/2017. (SEE ORDER FOR COMPLETE DETAILS) Signed by Magistrate Judge Karoline Mehalchick on 2/6/2017. (cw)
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| Filing 44 ANSWER to #38 Answer to Amended Complaint/Counterclaim by Kevin Eugene Swartz. (Attachments: #1 certificate of service)(lg) |
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Filing 43
ORDER - Discovery due by 4/1/2017. Motions due by 5/1/2017.Signed by Magistrate Judge Karoline Mehalchick on 2/3/2017. (Attachments: #1 Consent)(cw)
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| Filing 42 AFFIDAVIT of Service on Christopher Benson, filed by Kevin Eugene Swartz. (lg) |
| Filing 41 EXHIBIT by Sealed Power Corporation re #38 Answer to Amended Complaint, Counterclaim. (Attachments: #1 Exhibit(s) 2, #2 Exhibit(s) 3, #3 Certificate of Interest)(Murphy, John) |
| Filing 40 AFFIDAVIT of Service, filed by Kevin Eugene Swartz. (Attachments: #1 Exhibits: certified mail green card; North Carolina process service; dft Officer business card, out of state sheriff process service (lg) |
| Filing 39 Corporate Disclosure Statement by Sealed Power Corporation. (Murphy, John) |
| Filing 38 ANSWER to #27 Amended Complaint , COUNTERCLAIM against Kevin Eugene Swartz by Sealed Power Corporation.(Murphy, John) |
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Filing 37
ORDER adopting #35 Report and Recommendation; denying #32 Motion to Dismiss; pltf granted an additional 45 days to perfect service; case remanded to MagJudge Mehalchick for further proceeding. Signed by Honorable Matthew W. Brann on 1/13/17 (lg)
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| Filing 36 CERTIFICATE OF SERVICE by Kevin Eugene Swartz re response to report and recommendation (NOTE: there is no response to the R&R by Swartz). (lg) |
| Filing 35 REPORT AND RECOMMENDATIONS re #27 Amended Complaint filed by Kevin Eugene Swartz, #32 MOTION to Dismiss Under Federal Rule of Civil Procedure 4(m) filed by Sealed Power Corporation. Objections to R&R due by 12/22/2016. Signed by Magistrate Judge Karoline Mehalchick on 12/8/2016. (cw) |
| Filing 34 BRIEF IN OPPOSITION (entitled "correspondence denying motion to dismiss") re #32 MOTION to Dismiss filed by Kevin Eugene Swartz. (Attachments: #1 Exhibit(s), #2 Proposed Order)(lg) |
| Filing 33 BRIEF IN SUPPORT re #32 MOTION to Dismiss Under Federal Rule of Civil Procedure 4(m) filed by Sealed Power Corporation. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3)(Murphy, John) |
| Filing 32 MOTION to Dismiss Under Federal Rule of Civil Procedure 4(m) by Sealed Power Corporation. (Attachments: #1 Proposed Order)(Murphy, John) |
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Filing 31
ORDER - IT IS HEREBY ORDERED that Defendant is to file a response to plaintiffs amended complaint (Doc. 27) on or before July 20, 2016. Signed by Magistrate Judge Karoline Mehalchick on 6/30/2016. (cw)
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| Filing 30 AMENDED TABLE OF CONTENTS by Kevin Eugene Swartz. (lg) |
| Filing 29 CERTIFICATE OF SERVICE by Kevin Eugene Swartz re #27 Amended Complaint (lg) |
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Filing 28
ORDER: In light of the Amended Complaint #27 , this case is REMANDED to Magistrate Judge Karoline Mehalchick. Signed by Honorable Matthew W. Brann on 2/16/16. (km)
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| Filing 27 AMENDED COMPLAINT against Sealed Power Corporation, filed by Kevin Eugene Swartz. (Attachments: #1 Exhibit(s))(lg) |
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Filing 26
ORDER granting in part and denying in part #11 Motion to Dismiss; plaintiffs complaint is dismissed without prejudice; adopting #25 Report and Recommendation; plf is granted leave to amend his complaint within 30 days (see order for complete details). Signed by Honorable Matthew W. Brann on 2/2/16 (lg)
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| Filing 25 REPORT AND RECOMMENDATIONS re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, for More Definite Statement and to Quash Service of Summons filed by Sealed Power Corporation. Objections to R&R due by 12/28/2015. Signed by Magistrate Judge Karoline Mehalchick on 12/10/2015. (cw) |
| Filing 24 Document filed by Kevin Eugene Swartz entitled "cross-complaint writ of the error". (lg) |
| Filing 23 Document filed by Kevin Eugene Swartz entitled "cross complaint writ of the error...". (lg) |
| Filing 22 RETURN OF SERVICE of certified mail (Non Summons & Complaint) by Kevin Eugene Swartz (kw) |
| Filing 21 Document filed by Kevin Eugene Swartz entitled "for the writ of the replevin: fault...". (lg) |
| Filing 20 Document filed by Kevin Eugene Swartz entitled "order for the writ of the recaption...". (lg) |
| Filing 19 Document filed by Kevin Eugene Swartz entitled "serveso for the writ of the recaption...". (lg) |
| Filing 18 Document filed by Kevin Eugene Swartz entitled "summons throughby this civil action...". (lg) |
| Filing 17 Document by Kevin Eugene Swartz entitled "cross complaint writ of the error...". (lg) |
| Filing 16 REPLY BRIEF re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, for More Definite Statement and to Quash Service of Summons filed by Sealed Power Corporation.(Murphy, John) |
| Filing 15 Document filed by Kevin Eugene Swartz entitled "education for the clerks". (lg) |
| Filing 14 Document filed by Kevin Eugene Swartz entitled "for the writ of the replevin...". (lg) |
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Filing 13
ORDER re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, for More Definite Statement and to Quash Service of Summons filed by Sealed Power Corporation, Set/Reset Deadlines as to #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, for More Definite Statement and to Quash Service of Summons. IT IS HEREBY ORDERED that the Plaintiff shall file his brief in opposition to the Defendants motion to dismiss (Doc. 11) on or before Wednesday, April 29, 2015. If an opposition brief is not timely filed, the Plaintiff shall be deemed not to oppose the motion to dismiss. See L.R. 7.6. The Defendants may file a reply brief, if any, within fourteen (14) days after service of the brief in opposition. See L.R. 7.7. All briefs must conform to the requirements of Local Rule 7.8. No further extensions will be permitted. Brief in Opposition due by 4/29/2015. Signed by Magistrate Judge Karoline Mehalchick on 4/22/2015. (cw)
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| Filing 12 BRIEF IN SUPPORT re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, for More Definite Statement and to Quash Service of Summons filed by Sealed Power Corporation.(Murphy, John) |
| DOCKET ANNOTATION: Attorney John Murphy is asked to file his memo of law, which is attached to the Motion to Dismiss (11), as a separate document. Brief in Support is found under responses and replies category in ECF. (cw) |
| Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, for More Definite Statement and to Quash Service of Summons by Sealed Power Corporation. (Attachments: #1 Memo in Support of Motion to Dismiss, #2 Proposed Order)(Murphy, John) |
| Filing 10 Service of Process/correction of the summons filed by Kevin Eugene Swartz. (Attachments: #1 correction of the summons (5 pages), #2 certified mail return receipt green card)(lg) |
| Filing 9 Document filed entitled: "Correction of this Summons Throughby this Civil Action" by Kevin Eugene Swartz. (ch1) |
| Filing 8 Document filed entitled "Claim of This Life" by Kevin Eugene Swartz. (ch1) |
| Filing 7 SUMMONS Returned Executed by Kevin Eugene Swartz. Sealed Power Corporation served on 2/27/2015, answer due 3/20/2015. (ch1) |
| Receipt of payment from KEVIN EUGENE SWARTZ in the amount of $50.00 for MISCELLANEOUS FEES. Transaction posted on 2/27/2015. Receipt number 333042964 processed by gangeli. (jjs, ) |
| Receipt of payment from KEVIN EUGENE SWARTZ in the amount of $350.00 for MISCELLANEOUS FEES. Transaction posted on 2/27/2015. Receipt number 333042962 processed by gangeli. (jjs, ) |
| Filing 6 Filing fee: $ 350.00, receipt number 333042962 and $50,00, receipt number 333042964 (ao) |
| DOCKET ANNOTATION: This case is assigned to Judge Brann and referred to MJ Mehalchick (jw) |
| Filing 5 REPORT to Commissioner of filing or determination of an actionPATENT. (lg) |
| Filing 3 STANDING PRACTICE ORDER (lg) (Main Document 3 replaced on 3/3/2015) (lg). |
| Filing 2 Summons Issued as to Sealed Power Corporation and provided TO ATTORNEY (pro se plaintiff over the counter) for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (Attachments: #1 plaintiff packet) (lg) |
| Filing 1 COMPLAINT against Sealed Power Corporation: SPX, Thermal Product, filed by Kevin Eugene Swartz, pro se.(lg) |
| DOCKET ANNOTATION: Record document no. 4 deleted as improperly docketed in this case. (km) |
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