Wiremold Company v. ABB Installation Products, Inc.
Plaintiff: The Wiremold Company and Wiremold Company
Defendant: ABB Installation Products, Inc. and ABB Installation Products Inc.
Case Number: 3:2019cv01132
Filed: July 23, 2019
Court: US District Court for the District of Connecticut
Presiding Judge: Vanessa L Bryant
Nature of Suit: Patent
Cause of Action: 28:1338
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 18, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 18, 2019 Filing 35 REPLY to Response to #27 MOTION to Dismiss for Improper Venue filed by ABB Installation Products Inc.. (Attachments: #1 Exhibit 1 - Updated Table of Contents for Exhibits, #2 Exhibit 10 - Second Declaration of John L. Fouts, #3 Exhibit 11 - Declaration of Melinda M. Russell)(Larsen, Joshua)
September 16, 2019 Filing 34 NOTICE of Appearance by Kevin L. Reiner on behalf of Wiremold Company (Reiner, Kevin)
September 16, 2019 Filing 33 26(f) NOTICE: The Court has reviewed the file in this case to monitor the parties compliance with Local Rule 26(f). Local Rule 26(f) provides that, within thirty days after the appearance of any defendant, the attorneys of record and any unrepresented parties must confer for purposes described in Fed. R. Civ. P. 26(f). Local Rule 26(f) further provides that, within fourteen days after the conference, the participants must jointly file a report of the conference using Form 26(f). It appears that more than forty-four days have passed since the appearance of a defendant in this case but no report has been filed. Accordingly, it is hereby ordered that the parties must file on or before 9/30/2019: (1) a written statement signed by all counsel of record demonstrating that this case is exempt from the requirement of filing a form 26(f) report; or (2) a form 26(f) report along with a written statement signed by all counsel of record explaining why sanctions should not be imposed for the parties failure to comply with Local Rule 26(f). Failure to comply with this order will result in dismissal of the complaint. Signed by Clerk on 9/16/2019. (Shafer, J.)
September 4, 2019 Filing 32 Memorandum in Opposition re #27 MOTION to Dismiss for Improper Venue filed by Wiremold Company. (Attachments: #1 Declaration of Barbara Banjac, #2 Declaration of Alexander T. Hornat, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P)(Giarratana, Mark)
August 27, 2019 Filing 31 NOTICE of Appearance by Paul B. Hunt on behalf of ABB Installation Products Inc. (Hunt, Paul)
August 23, 2019 Filing 30 NOTICE of Appearance by Joshua Larsen on behalf of ABB Installation Products Inc. (Larsen, Joshua)
August 15, 2019 Filing 29 NOTICE RE: MOTION TO DISMISS. The parties are reminded that the pendency of a motion to dismiss does not automatically stay discovery, except in cases covered by the Private Securities Litigation Reform Act. See Brooks v. Macy's, Inc., No. 10-CIV-5304, 2010 WL 5297756, at *1 (S.D.N.Y. Dec. 21, 2010) (collecting cases), reh'g denied, No. 10-CIV-5304, 2011 WL 1362191 (S.D.N.Y. Apr. 8, 2011); see also Moran v. Flaherty, No. 92-CV-3200, 1992 WL 276913, at *1 (S.D.N.Y. Sept. 25, 1992). The court may enter a stay of discovery in its discretion upon a showing [as distinguished from an assertion] of good cause. Fed. R. Civ. P. 26(c); see also Integrated Sys. & Power, Inc. v. Honeywell Int'l, Inc. , No. 09-CIV-5874, 2009 WL 2777076, at *1 (S.D.N.Y. Sept. 1, 2009); accord Ellington Credit Fund, Ltd. v. Select Portfolio Servs., Inc. , No. 08-CV-2437, 2009 WL 274483, at *1 (S.D.N.Y. Feb. 3, 2009). In determining whether good cause exists, the court considers several factors including: (1) whether a defendant has made a strong showing that the plaintiffs claim is unmeritorious, (2) the breadth of discovery and the burden of responding to it, and (3) the risk of unfair prejudice to the party opposing the stay. Negrete v. Citibank, N.A. , No. 15-CV-7250, 2015 WL 8207466, at *1 (S.D.N.Y. Dec. 7, 2015). Other factors include the nature of the case, whether dismissal will resolve the case, effect of dismissal on the scope of discovery, age of the case, complexity of discovery needed, remedy sought, extensions previously granted, parties diligence, judicial efficiency, and other appropriate factors. Discovery in this case is NOT stayed. Accordingly, any party moving to stay discovery must demonstrate, as oppose to assert, the Court should exercise its discretion to stay the case. Signed by Judge Vanessa L. Bryant on 8/15/2019. (Shafer, J.)
August 14, 2019 Filing 28 Memorandum in Support re #27 MOTION to Dismiss for Improper Venue filed by ABB Installation Products Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9)(Phipps, Sean)
August 14, 2019 Filing 27 MOTION to Dismiss for Improper Venue by ABB Installation Products Inc..Responses due by 9/4/2019 (Attachments: #1 Text of Proposed Order)(Phipps, Sean)
August 12, 2019 Filing 26 NOTICE of Appearance by Sean M. Phipps on behalf of ABB Installation Products Inc. (Phipps, Sean)
August 12, 2019 Opinion or Order Filing 25 ORDER granting #22 Motion to Appear Pro Hac Vice as to Sean M. Phipps. Signed by Clerk on 08/12/2019. (Murphy, Tatihana)
August 12, 2019 Opinion or Order Filing 24 ORDER granting #21 Motion to Appear Pro Hac Vice as to Paul B. Hunt. Signed by Clerk on 08/12/2019. (Murphy, Tatihana)
August 12, 2019 Opinion or Order Filing 23 ORDER granting #20 Motion to Appear Pro Hac Vice asto Joshua P. Larsen. Signed by Clerk on 08/12/2019. (Murphy, Tatihana)
August 9, 2019 Filing 22 MOTION for Attorney(s) Sean M. Phipps to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5393628) by ABB Installation Products Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brunau, Terence)
August 9, 2019 Filing 21 MOTION for Attorney(s) Paul B. Hunt to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5393621) by ABB Installation Products Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brunau, Terence)
August 9, 2019 Filing 20 MOTION for Attorney(s) Joshua P. Larsen to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5393604) by ABB Installation Products Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brunau, Terence)
July 31, 2019 Filing 19 Corporate Disclosure Statement by ABB Installation Products Inc. identifying Corporate Parent ABB Inc. for ABB Installation Products Inc.. (Brunau, Terence)
July 30, 2019 Filing 18 NOTICE of Appearance by Terence John Brunau on behalf of ABB Installation Products Inc. , formerly known as Thomas & Betts Corporation (Brunau, Terence)
July 30, 2019 Filing 17 NOTICE of Appearance by Jennifer Morgan DelMonico on behalf of ABB Installation Products Inc. , formerly known as Thomas & Betts Corporation (DelMonico, Jennifer)
July 29, 2019 Answer deadline updated for ABB Installation Products Inc. to 8/14/2019. (Velez, F.)
July 29, 2019 Filing 16 AFFIDAVIT of Service for Summons and Complaint, etc served on ABB Installation Products, Inc. on 7/24/2019, filed by Wiremold Company. (Giarratana, Mark)
July 29, 2019 Opinion or Order Filing 15 ORDER RE: Judge's Chambers Practices. Counsel are directed to read and comply with the Chambers Practices and Standing Orders prior to filing any document. So ordered. Signed by Judge Vanessa L. Bryant on 7/29/2019. (Shafer, J.)
July 29, 2019 Opinion or Order Filing 14 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Vanessa L. Bryant on 7/29/2019. (Shafer, J.)
July 29, 2019 Opinion or Order Filing 13 ORDER OF TRANSFER. Case reassigned to Judge Vanessa L. Bryant for all further proceedings. Signed by Judge Michael P. Shea on 7/29/19.(Johnson, D.)
July 25, 2019 Filing 12 NOTICE of Appearance by Alexander T. Hornat on behalf of Wiremold Company (Hornat, Alexander)
July 25, 2019 Filing 11 NOTICE of Appearance by Eric E. Grondahl on behalf of Wiremold Company (Grondahl, Eric)
July 24, 2019 Filing 10 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *ABB Installation Products Inc.* with answer to complaint due within *21* days. Attorney *Mark D. Giarratana* *McCarter & English, Cityplace I* *185 Asylum St., 36th Fl.* *Hartford, CT 06103-3495*. (Peterson, M)
July 24, 2019 Filing 9 AO 120 Report on the Filing of an Action re: Patent or Trademark Form Completed (Attachments: #1 Complaint and Exhibits) (Peterson, M)
July 24, 2019 Filing 8 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #4 Order on Pretrial Deadlines, #7 Standing Order on Patent Cases, #1 Complaint, filed by Wiremold Company, #2 Corporate Disclosure Statement filed by Wiremold Company, #3 Notice of Related Case filed by Wiremold Company, #6 Protective Order, #5 Electronic Filing Order Signed by Clerk on 07/24/2019. (Peterson, M)
July 23, 2019 Opinion or Order Filing 7 Standing Order on Patent Cases Signed by Judge Michael P. Shea on 07/23/2019. (Peterson, M)
July 23, 2019 Opinion or Order Filing 6 STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 07/23/2019. (Peterson, M)
July 23, 2019 Opinion or Order Filing 5 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 07/23/2019. (Peterson, M)
July 23, 2019 Opinion or Order Filing 4 Order on Pretrial Deadlines: Amended Pleadings due by 9/21/2019. Discovery due by 1/22/2020. Dispositive Motions due by 2/26/2020. Signed by Clerk on 07/23/2019. (Peterson, M)
July 23, 2019 Judge Michael P. Shea added. (Oliver, T.)
July 23, 2019 Filing 3 NOTICE of Related Case by Wiremold Company (Giarratana, Mark) Modified on 7/24/2019 to correct party (Hushin, Z.).
July 23, 2019 Filing 2 Corporate Disclosure Statement by Wiremold Company identifying Corporate Parent Legrand Holding, Inc. for Wiremold Company. (Giarratana, Mark) Modified on 7/24/2019 to correct party (Hushin, Z.).
July 23, 2019 Request for Clerk to issue summons as to ABB Installation Products, Inc.. (Giarratana, Mark)
July 23, 2019 Filing 1 COMPLAINT against ABB Installation Products, Inc. ( Filing fee $400 receipt number ACTDC-5371019.), filed by Wiremold Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Giarratana, Mark) Modified on 7/24/2019 to correct party(Hushin, Z.).

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Defendant: ABB Installation Products, Inc.
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Defendant: ABB Installation Products Inc.
Represented By: Paul B. Hunt
Represented By: Joshua Larsen
Represented By: Sean M. Phipps
Represented By: Terence John Brunau
Represented By: Jennifer Morgan DelMonico
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Plaintiff: The Wiremold Company
Represented By: Mark D. Giarratana
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Plaintiff: Wiremold Company
Represented By: Mark D. Giarratana
Represented By: Alexander T. Hornat
Represented By: Eric E. Grondahl
Represented By: Kevin L. Reiner
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