Celanese International Corporation et al v. Anhui Jinhe Industrial Co., Ltd. et al
| Celanese International Corporation, Celanese Sales U.S. Ltd., Celanese (Malta) Company 2 Limited and Celanese Malta Company 2 Limited |
| Apura Ingredients, Inc., Jinhe USA LLC, ProSweetz Ingredients Inc. d/b/a PanaSource Ingredients Inc., NiuSource, Inc., Suzhou-Chem, Inc., Anhui Jinhe Industrial Co., Ltd. and ProSweetz Ingredients Inc. doing business as PanaSource Ingredients Inc. |
| 2:2021cv03070 |
| April 8, 2021 |
| US District Court for the Central District of California |
| Andre Birotte |
| Karen L Stevenson |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 44 STATUS REPORT Joint Status Report filed by Plaintiffs Celanese International Corporation, Celanese Malta Company 2 Limited, Celanese Sales U.S. Ltd.. (Jay, Michael) |
| Filing 43 STATUS REPORT Joint Status Report filed by Plaintiffs Celanese International Corporation, Celanese Malta Company 2 Limited, Celanese Sales U.S. Ltd.. (Jay, Michael) |
Filing 42
ORDER by Judge Andre Birotte Jr. Granting Application of Non-Resident Attorney Ellen A. Scordino to Appear Pro Hac Vice on behalf of Plaintiffs Celenese International Corporation, Celanese (Malta) Company 2 Limited, and Celanese Sales U.S. Ltd., designating Aaron Wainscoat as local counsel #41 . (gk)
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| Filing 41 Corrected APPLICATION of Non-Resident Attorney Ellen A. Scordino to Appear Pro Hac Vice on behalf of Plaintiffs Celanese International Corporation, Celanese Malta Company 2 Limited, Celanese Sales U.S. Ltd. (Pro Hac Vice Fee - $500.00 Previously Paid on 6/29/2021, Receipt No. 31546395) filed by Plaintiffs Celanese International Corporation, Celanese Malta Company 2 Limited, Celanese Sales U.S. Ltd.. (Attachments: #1 Certificate of Good Standing - Appellate Division of the Supreme Court, State of New York, #2 Certificate of Good Standing - Commonwealth of Massachusetts, #3 G64 Order) (Jay, Michael) |
| Filing 40 STATUS REPORT Joint Status Report filed by Plaintiffs Celanese International Corporation, Celanese Malta Company 2 Limited, Celanese Sales U.S. Ltd.. (Jay, Michael) |
| Filing 39 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Pro Hac Vice Application filed 6/29/2021 #37 . The document is stricken. (gk) |
| Filing 38 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Ellen A. Scordino to Appear Pro Hac Vice on behalf of Plaintiffs Celanese International Corporation, Celanese Malta Company 2 Limited, Celanese Sales U.S. Ltd. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. AC #37 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Local Rule 83-2.1.3.3(d) Attached Certificate of Good Standing not issued within 30 days prior to filing of the application. Other error(s) with document(s): A declaration is required regarding unavailability to provide GSC due to COVID-19. See Court's website on Coronavirus (COVID-19) Guidance. (lt) |
| Filing 37 [DOCUMENT STRICKEN PER RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS ON 7/1/2021, SEE DOCKET NO. 39] APPLICATION of Non-Resident Attorney Ellen A. Scordino to Appear Pro Hac Vice on behalf of Plaintiffs Celanese International Corporation, Celanese Malta Company 2 Limited, Celanese Sales U.S. Ltd. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31546395) filed by plaintiffs Celanese International Corporation, Celanese Malta Company 2 Limited, Celanese Sales U.S. Ltd.. (Attachments: #1 Certificate of Good Standing - Appellate Division of the Supreme Court, State of New York, #2 Certificate of Good Standing - Commonwealth of Massachusetts, #3 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Jay, Michael) Modified on 7/1/2021 (gk). |
| Filing 36 Notice of Appearance or Withdrawal of Counsel: for attorney Michael D Jay counsel for Plaintiffs Celanese International Corporation, Celanese Malta Company 2 Limited, Celanese Sales U.S. Ltd.. Aaron Wainscoat is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by plaintiffs Celanese International Corporation, Celanese (Malta) Company 2 Limited, Celanese Sales U.S. Ltd.. (Jay, Michael) |
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Filing 35
ORDER GRANTING UNOPPOSED MOTION TO STAY by Judge Andre Birotte Jr.: Defendants' unopposed motion to stay this litigation pending a U.S. International Trade Commission investigation #28 is hereby GRANTED. All proceedings in this action are hereby stayed until the determination of the Commission becomes final. In order to permit the Court to monitor this action, the Court orders the parties to file periodic status reports. The first such report is to be filed by 7/1/2021, unless the stay is lifted sooner. Successive reports shall be filed every 45 days thereafter. The Court further ORDERS that within seven days of the finalization of the Commission's determination, the parties shall file a notice with this Court. (gk)
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| Filing 34 CERTIFICATE of Interested Parties filed by Defendant Suzhou-Chem, Inc., (Buccigross, Graham) |
| Filing 33 CERTIFICATE of Interested Parties filed by Defendant ProSweetz Ingredients Inc., (Buccigross, Graham) |
| Filing 32 CERTIFICATE of Interested Parties filed by Defendant NiuSource, Inc., (Buccigross, Graham) |
| Filing 31 CERTIFICATE of Interested Parties filed by Defendants Anhui Jinhe Industrial Co., Ltd., Jinhe USA LLC, identifying Anhui Jinhe Industrial Co., Ltd.. (Buccigross, Graham) |
| Filing 30 CERTIFICATE of Interested Parties filed by Defendant Apura Ingredients, Inc., (Buccigross, Graham) |
| Filing 29 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Stay Case pending Litigation Pending International Trade Commission Investigation #28 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) |
| Filing 28 NOTICE OF MOTION AND MOTION to Stay Case pending Litigation Pending International Trade Commission Investigation filed by Defendants Anhui Jinhe Industrial Co., Ltd., Apura Ingredients, Inc., Jinhe USA LLC, NiuSource, Inc., ProSweetz Ingredients Inc.. (Attachments: #1 Memorandum In Support Of Motion To Stay, #2 Exhibit 1. 2021.04.08 - Celanese Letter, #3 Exhibit 2. 2021.05.10 - Notice of Institution of Investigation, #4 Exhibit 3. 2021.05.14 - Federal Register - Notice of Institution, #5 Proposed Order) (Attorney Graham Marc Buccigross added to party Apura Ingredients, Inc.(pty:dft)) (Buccigross, Graham) |
| Filing 27 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Celanese International Corporation, upon Defendant Apura Ingredients, Inc. served on 5/13/2021, answer due 6/3/2021. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Wainscoat, Aaron) |
| Filing 26 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Celanese International Corporation, upon Defendant Suzhou-Chem, Inc. served on 4/29/2021, answer due 5/20/2021. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Wainscoat, Aaron) |
| Filing 25 STIPULATION Extending Time to Answer the complaint as to Anhui Jinhe Industrial Co., Ltd. answer now due 6/24/2021; Jinhe USA LLC answer now due 6/24/2021, re Complaint (Attorney Civil Case Opening),, #1 filed by Defendants Anhui Jinhe Industrial Co., Ltd.; Jinhe USA LLC.(Buccigross, Graham) |
| Filing 24 Notice of Appearance or Withdrawal of Counsel: for attorney Graham Marc Buccigross counsel for Defendant Suzhou-Chem, Inc.. Adding Graham (Gray) M. Buccigross as counsel of record for Suzhou-Chem, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Suzhou-Chem, Inc.. (Attorney Graham Marc Buccigross added to party Suzhou-Chem, Inc.(pty:dft))(Buccigross, Graham) |
| Filing 23 STIPULATION Extending Time to Answer the complaint as to ProSweetz Ingredients Inc. answer now due 6/3/2021, re Service of Summons and Complaint Returned Executed (21 days), #17 , Complaint (Attorney Civil Case Opening),, #1 filed by Defendant ProSweetz Ingredients Inc.; Anhui Jinhe Industrial Co., Ltd.; NiuSource, Inc.; Jinhe USA LLC.(Buccigross, Graham) |
| Filing 22 STIPULATION Extending Time to Answer the complaint as to NiuSource, Inc. answer now due 6/3/2021, re Service of Summons and Complaint Returned Executed (21 days), #15 , Complaint (Attorney Civil Case Opening),, #1 filed by Defendant ProSweetz Ingredients Inc.; Anhui Jinhe Industrial Co., Ltd.; NiuSource, Inc.; Jinhe USA LLC.(Buccigross, Graham) |
| Filing 21 STIPULATION Extending Time to Answer the complaint as to Jinhe USA LLC answer now due 6/3/2021, re Service of Summons and Complaint Returned Executed (21 days), #16 , Complaint (Attorney Civil Case Opening),, #1 filed by Defendant ProSweetz Ingredients Inc.; Anhui Jinhe Industrial Co., Ltd.; NiuSource, Inc.; Jinhe USA LLC.(Buccigross, Graham) |
| Filing 20 Notice of Appearance or Withdrawal of Counsel: for attorney Graham Marc Buccigross counsel for Defendants Anhui Jinhe Industrial Co., Ltd., Jinhe USA LLC, NiuSource, Inc., ProSweetz Ingredients Inc.. Filed by Defendants Jinhe USA LLC, Anhui Jinhe Industrial Co., Ltd., NuiSource, Inc. and ProSweetz Ingredients Inc.. (Attorney Graham Marc Buccigross added to party Anhui Jinhe Industrial Co., Ltd.(pty:dft), Attorney Graham Marc Buccigross added to party Jinhe USA LLC(pty:dft), Attorney Graham Marc Buccigross added to party NiuSource, Inc.(pty:dft), Attorney Graham Marc Buccigross added to party ProSweetz Ingredients Inc.(pty:dft))(Buccigross, Graham) |
| Filing 19 WAIVER OF SERVICE Returned Executed filed by Plaintiff Celanese International Corporation. upon Anhui Jinhe Industrial Co., Ltd. waiver sent by Plaintiff on 4/27/2021, answer due 6/28/2021. Waiver of Service signed by Gary M. Hnath. (Wainscoat, Aaron) |
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Filing 18
ORDER by Judge Andre Birotte Jr. Granting Application of Non-Resident Attorney Aaron G. Fountain to Appear Pro Hac Vice on behalf of Plaintiffs Celanese International Corporation, Celanese (Malta) Company 2 Limited, Celanese Sales U.S. Ltd., designating Michael D. Jay as local counsel #13 . (gk)
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| Filing 17 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Celanese International Corporation, upon Defendant ProSweetz Ingredients Inc. served on 4/13/2021, answer due 5/4/2021. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Wainscoat, Aaron) |
| Filing 16 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Celanese International Corporation, upon Defendant Jinhe USA LLC served on 4/13/2021, answer due 5/4/2021. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Wainscoat, Aaron) |
| Filing 15 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Celanese International Corporation, upon Defendant NiuSource, Inc. served on 4/13/2021, answer due 5/4/2021. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Wainscoat, Aaron) |
| Filing 14 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Pro Hac Vice Application filed 4/9/2021 #10 . The document is stricken. (gk) |
| Filing 13 APPLICATION of Non-Resident Attorney Aaron G. Fountain to Appear Pro Hac Vice on behalf of Plaintiffs Celanese International Corporation, Celanese Malta Company 2 Limited, Celanese Sales U.S. Ltd. (Pro Hac Vice Fee - $500.00 Previously Paid on 4/9/2021, Receipt No. ACACDC-31083676) filed by Plaintiffs Celanese International Corporation, Celanese Malta Company 2 Limited, Celanese Sales U.S. Ltd.. (Attachments: #1 Proposed Order) (Jay, Michael) |
| Filing 12 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Aaron G. Fountain to Appear Pro Hac Vice on behalf of Plaintiffs Celanese International Corporation, Celanese Malta Company 2 Limited, Celanese Sales U.S. Ltd. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. AC #10 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Local Rule 83-2.1.3.3(b) Proposed order not attached. Case information is missing. (lt) |
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Filing 11
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb)
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| Filing 10 [DOCUMENT STRICKEN PER RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS ON 4/14/2021, SEE DOCKET NO. 14] APPLICATION of Non-Resident Attorney Aaron G. Fountain to Appear Pro Hac Vice on behalf of Plaintiffs Celanese International Corporation, Celanese Malta Company 2 Limited, Celanese Sales U.S. Ltd. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31083676) filed by Plaintiffs Celanese International Corporation, Celanese Malta Company 2 Limited, Celanese Sales U.S. Ltd.. (Jay, Michael) Modified on 4/14/2021 (gk). |
| Filing 9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Ellen Scordino. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh) |
| Filing 8 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Aaron Fountain. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh) |
| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants Anhui Jinhe Industrial Co., Ltd., Apura Ingredients, Inc., Jinhe USA LLC, NiuSource, Inc., ProSweetz Ingredients Inc., Suzhou-Chem, Inc. (lh) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Karen L. Stevenson. (lh) |
| Filing 4 Certificate and NOTICE of Interested Parties filed by Plaintiffs Celanese (Malta) Company 2 Limited, Celanese International Corporation, Celanese Sales U.S. Ltd., identifying Celanese International Corporation, subsidiary of Celanese Corporation; Celanese (Malta) Company 2 Limited, subsidiary of Celanese Corporation; Celanese Sales U.S. Ltd., subsidiary of Celanese Corporation;. (Jay, Michael) |
| Filing 3 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Celanese (Malta) Company 2 Limited, Celanese International Corporation, Celanese Sales U.S. Ltd.. (Jay, Michael) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Celanese (Malta) Company 2 Limited, Celanese International Corporation, Celanese Sales U.S. Ltd.. (Jay, Michael) |
| Filing 1 COMPLAINT Receipt No: ACACDC-31075735 - Fee: $402, filed by Plaintiffs Celanese Sales U.S. Ltd., Celanese (Malta) Company 2 Limited, Celanese International Corporation. (Attachments: #1 Exhibit Exhibits A - Q to the Complaint for Patent Infringement) (Attorney Michael D Jay added to party Celanese (Malta) Company 2 Limited(pty:pla), Attorney Michael D Jay added to party Celanese International Corporation(pty:pla), Attorney Michael D Jay added to party Celanese Sales U.S. Ltd.(pty:pla))(Jay, Michael) |
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