Freud America, Inc. v. Milwaukee Electric Tool Corporation
| FREUD AMERICA, INC. and Freud America Inc. |
| Milwaukee Electric Tool Corporation |
| 1:2020cv00902 |
| July 2, 2020 |
| US District Court for the District of Delaware |
| Richard G Andrews |
| Trademark |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on August 28, 2020. A more recent docket listing may be available from PACER.
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| Filing 59 NOTICE OF SERVICE of Freud America, Inc.'s Initial Disclosures Under Paragraph 3 of the Court's Default Standard for Discovery filed by Freud America Inc..(Swadley, Beth) |
| Filing 58 NOTICE of Change of Address by Amy Michele Dudash (Dudash, Amy) |
Filing 57
ORDER Setting Teleconference: Plaintiff's counsel to initiate the call. A Telephone Conference is set for 9/11/2020 at 11:30 AM Eastern Time with Judge Mary Pat Thynge. Signed by Judge Mary Pat Thynge on 8/18/20. (cak)
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Filing 56
SO ORDERED Granting #55 Proposed Stipulated Protective Order. Signed by Judge Richard G. Andrews on 8/6/2020. (nms)
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| Filing 55 PROPOSED Stipulated Protective Order, by Freud America Inc.. (Kraman, Pilar) Modified on 8/6/2020 (nms). |
| Filing 54 NOTICE OF SERVICE of Defendant's Initial Disclosures filed by Milwaukee Electric Tool Corporation.(Dudash, Amy) |
| Filing 53 NOTICE OF SERVICE of Freud America, Inc.'s Initial Disclosures filed by Freud America Inc..(Swadley, Beth) |
| CASE REFERRED to Chief Magistrate Judge Mary Pat Thynge for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at # https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (cak) |
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Filing 52
ORAL ORDER: The Rule 16(b) Conference scheduled for 7/29/2020, is CANCELED. Ordered by Judge Richard G. Andrews on 7/27/2020. (nms)
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Filing 51
SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 9/30/2020. Amended Pleadings due by 9/30/2020. Fact Discovery completed by 6/30/2021. Dispositive Motions due by 10/29/2021. A Pretrial Conference is set for 3/4/2022, at 9:00 AM in Courtroom 6A. A three (3) day Bench Trial is set to start 3/22/2022, at 9:30 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 7/27/2020. (nms)
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| Filing 50 PROPOSED Scheduling Order, by Freud America Inc.. (Kraman, Pilar) Modified on 7/27/2020 (nms). |
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Filing 49
Order Setting Rule 16 (b) Telephone Conference: A Scheduling Conference is set for 7/29/2020, at 10:30 AM in before Judge Richard G. Andrews (see Order for further details). Signed by Judge Richard G. Andrews on 7/17/2020. (nms)
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| Filing 48 Joint Statement Pursuant to Local Rule 81.2, by Freud America Inc.. (Kraman, Pilar) Modified on 7/17/2020 (nms). |
| Filing 47 ANSWER to #1 Complaint with Affirmative and Additional Defenses, by Milwaukee Electric Tool Corporation.(Dudash, Amy) Modified on 7/17/2020 (nms). |
| Pro Hac Vice Attorneys Thad Chaloemtiarana, Jessica A. Ekhoff, Kristine A. Bergman for Freud America Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) |
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SO ORDERED, re #46 MOTION for Pro Hac Vice Appearance of Attorney Thad Chaloemtiarana, Esq., Jessica A. Ekhoff, Esq., and Kristine A. Bergman, Esq., filed by Freud America Inc.. Signed by Judge Richard G. Andrews on 7/14/2020. (nms)
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| Filing 46 MOTION for Pro Hac Vice Appearance of Attorney Thad Chaloemtiarana, Esquire, Jessica A. Ekhoff, Esquire, and Kristine A. Bergman, Esquire - filed by Freud America Inc.. (Kraman, Pilar) |
| Filing 45 NOTICE of Appearance by Beth Ann Swadley on behalf of Freud America Inc. (Swadley, Beth) |
| Filing 44 NOTICE of Appearance by Pilar Gabrielle Kraman on behalf of Freud America Inc. (Kraman, Pilar) |
| Pro Hac Vice Attorney J. Kevin Fee for Milwaukee Electric Tool Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal) |
| Pro Hac Vice Attorney Jane W. Wise for Milwaukee Electric Tool Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) |
| Filing 43 MOTION for Pro Hac Vice Appearance of Attorney Jason C. White, J. Kevin Fee, and Jane W. Wise - filed by Milwaukee Electric Tool Corporation. (Attachments: #1 Certification of Jason C. White, #2 Certification of J. Kevin Fee, #3 Certification of Jane W. Wise)(Dudash, Amy) |
| Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (nms) |
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SO ORDERED, re #43 MOTION for Pro Hac Vice Appearance of Attorney Jason C. White, J. Kevin Fee, and Jane W. Wise, filed by Milwaukee Electric Tool Corporation. Signed by Judge Richard G. Andrews on 7/8/2020. (nms)
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| Filing 42 NOTICE of Appearance by Amy Michele Dudash on behalf of Milwaukee Electric Tool Corporation (Dudash, Amy) |
| Filing 41 Local Counsel Letter sent. Notice of Compliance deadline set for 8/3/2020. (lak) (Main Document 41 replaced on 7/2/2020) (lak). |
| Filing 40 Record of case transferred in from District of North Carolina Middle; Case Number in Other District: 1:20-cv-00109. Copy of Docket Sheet and original file |
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Filing 39
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 7/2/2020; that Plaintiffs' motion to transfer this case pursuant to 28 U.S.C. 1404(a), (Doc. #36 ), is GRANTED and that this case shall be transferred to the United States District Court for the District of Delaware. FURTHER ORDERED that Defendant's motion to dismiss, (Doc. #13 ), is DENIED AS MOOT. (Hicks, Samantha) [Transferred from North Carolina Middle on 7/2/2020.]
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Filing 38
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 7/2/2020; that Plaintiff's motion to stay the deadline, (Doc. #34 ), is GRANTED and that Plaintiff shall respond to Defendant's motion to dismiss, (Doc. #13 ), within twenty-one (21) days following the Court's ruling on Plaintiff's Consent Motion for Transfer of Venue. (Hicks, Samantha) [Transferred from North Carolina Middle on 7/2/2020.]
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| Filing 37 MEMORANDUM filed by Plaintiff FREUD AMERICA, INC. re #36 Consent MOTION to Change Venue TO THE U.S. DISTRICT COURT FOR THE DISTRICT OF DELAWARE filed by FREUD AMERICA, INC.. (EKHOFF, JESSICA) [Transferred from North Carolina Middle on 7/2/2020.] |
| Filing 36 Consent MOTION to Change Venue TO THE U.S. DISTRICT COURT FOR THE DISTRICT OF DELAWARE by FREUD AMERICA, INC.. Response to Motion due by 7/21/2020 (Attachments: #1 Text of Proposed Order)(EKHOFF, JESSICA) [Transferred from North Carolina Middle on 7/2/2020.] |
| Filing 35 MEMORANDUM filed by Plaintiff FREUD AMERICA, INC. re #34 Consent MOTION to Stay THE DEADLINE FOR PLAINTIFF TO RESPOND TO DEFENDANTS MOTION TO DISMISS PENDING THE COURTS RULING ON PLAINTIFFS CONSENT MOTION FOR TRANSFER OF VENUE filed by FREUD AMERICA, INC.. (EKHOFF, JESSICA) [Transferred from North Carolina Middle on 7/2/2020.] |
| Filing 34 Consent MOTION to Stay THE DEADLINE FOR PLAINTIFF TO RESPOND TO DEFENDANTS MOTION TO DISMISS PENDING THE COURTS RULING ON PLAINTIFFS CONSENT MOTION FOR TRANSFER OF VENUE by FREUD AMERICA, INC.. Response to Motion due by 7/21/2020 (Attachments: #1 Text of Proposed Order)(EKHOFF, JESSICA) [Transferred from North Carolina Middle on 7/2/2020.] |
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Filing 33
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 6/17/2020; that Plaintiff's Motion for Limited Jurisdictional Discovery, (Doc. #19 ), is DENIED WITHOUT PREJUDICE. FURTHER ORDERED that Plaintiff shall respond to Defendant's motion to dismiss within 21 days of the entry of this Order. (Hicks, Samantha) [Transferred from North Carolina Middle on 7/2/2020.]
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Filing 32
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 04/02/2020; that Plaintiff's Consent Motion to Stay All Deadlines Pending the Court's Ruling on Plaintiff's Motion for Limited Jurisdictional Discovery, (Doc. #28 ), is GRANTED and that all deadlines in this case, including Plaintiff's deadline to respond to Defendant's Motion to Dismiss for Lack of Personal Jurisdiction are STAYED for a period of twenty-one (21) days following the later of the court's ruling on Plaintiff's Motion for Limited Jurisdictional Discovery, or, if Plaintiff's Motion for Limited Jurisdictional Discovery is granted, twenty-one (21) days after any such limited discovery period granted by the court has expired. (Hicks, Samantha) [Transferred from North Carolina Middle on 7/2/2020.]
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| Filing 31 NOTICE of Appearance by attorney JANE W. WISE on behalf of Defendant MILWAUKEE ELECTRIC TOOL CORPORATION, Cross Claimant MILWAUKEE ELECTRIC TOOL CORPORATION (WISE, JANE) [Transferred from North Carolina Middle on 7/2/2020.] |
| Filing 30 NOTICE of Appearance by attorney J. KEVIN FEE on behalf of Defendant MILWAUKEE ELECTRIC TOOL CORPORATION, Cross Claimant MILWAUKEE ELECTRIC TOOL CORPORATION (FEE, J. KEVIN) [Transferred from North Carolina Middle on 7/2/2020.] |
| Filing 29 MEMORANDUM filed by Plaintiff FREUD AMERICA, INC. re #28 Consent MOTION to Stay ALL DEADLINES PENDING THE COURTS RULING ON PLAINTIFFS MOTION FOR LIMITED JURISDICTIONAL DISCOVERY filed by FREUD AMERICA, INC.. (EKHOFF, JESSICA) [Transferred from North Carolina Middle on 7/2/2020.] |
| Filing 28 Consent MOTION to Stay ALL DEADLINES PENDING THE COURTS RULING ON PLAINTIFFS MOTION FOR LIMITED JURISDICTIONAL DISCOVERY by FREUD AMERICA, INC.. Response to Motion due by 4/20/2020 (Attachments: #1 Text of Proposed Order)(EKHOFF, JESSICA) [Transferred from North Carolina Middle on 7/2/2020.] |
| Filing 27 REPLY, filed by Plaintiff FREUD AMERICA, INC., to Response to #19 MOTION for Discovery of Personal Jurisdictional Matters filed by FREUD AMERICA, INC.. (EKHOFF, JESSICA) [Transferred from North Carolina Middle on 7/2/2020.] |
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Filing 26
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 03/30/2020; that the motion to withdraw, (Doc. #25 ), is GRANTED and that Attorneys Anthony J. Biller and Laura M. Konkel are hereby withdrawn from representing Defendant. (Hicks, Samantha) [Transferred from North Carolina Middle on 7/2/2020.]
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| Filing 25 MOTION to Withdraw as Attorney ANTHONY JOSEPH BILLER and Laura M. Konkel by on behalf of MILWAUKEE ELECTRIC TOOL CORPORATION. (BILLER, ANTHONY) [Transferred from North Carolina Middle on 7/2/2020.] |
| Filing 24 NOTICE of Appearance by attorney JUSTIN NATHANIEL OUTLING on behalf of Defendant MILWAUKEE ELECTRIC TOOL CORPORATION, Cross Claimant MILWAUKEE ELECTRIC TOOL CORPORATION (OUTLING, JUSTIN) [Transferred from North Carolina Middle on 7/2/2020.] |
| Filing 23 RESPONSE in Opposition re #19 MOTION for Discovery of Personal Jurisdictional Matters filed by FREUD AMERICA, INC. filed by MILWAUKEE ELECTRIC TOOL CORPORATION. Replies due by 3/30/2020 (BILLER, ANTHONY) [Transferred from North Carolina Middle on 7/2/2020.] |
| Filing 22 PLAINTIFF'S ANSWER to #16 Crossclaim, by FREUD AMERICA, INC.. (EKHOFF, JESSICA) [Transferred from North Carolina Middle on 7/2/2020.] |
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Filing 21
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 03/03/2020; that Plaintiff's motion for extension, (Doc. #18 ), is GRANTED and that Plaintiff shall have up to and including April 9, 2020, within which to file a response to Defendant's motion to dismiss. (Hicks, Samantha) [Transferred from North Carolina Middle on 7/2/2020.]
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| Filing 20 MEMORANDUM filed by Plaintiff FREUD AMERICA, INC. re #19 MOTION for Discovery of Personal Jurisdictional Matters filed by FREUD AMERICA, INC.. (HILDEBRAN, JODI) [Transferred from North Carolina Middle on 7/2/2020.] |
| Filing 19 MOTION for Discovery of Personal Jurisdictional Matters by FREUD AMERICA, INC.. (HILDEBRAN, JODI) [Transferred from North Carolina Middle on 7/2/2020.] |
| Filing 18 MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss for Lack of Jurisdiction by FREUD AMERICA, INC.. (Attachments: #1 Text of Proposed Order)(HILDEBRAN, JODI) [Transferred from North Carolina Middle on 7/2/2020.] |
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Filing 17
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 03/02/2020; that the Motion for Extension of Time [Doc. #10 ] is MOOT. (Hicks, Samantha) [Transferred from North Carolina Middle on 7/2/2020.]
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| Filing 16 CROSSCLAIM Cross-Action Pursuant to 37 C.F.R. 2.145 against FREUD AMERICA, INC., filed by MILWAUKEE ELECTRIC TOOL CORPORATION. (Attachments: #1 Exhibit A Petitioner's Trial Brief, #2 Exhibit B Petitioner's Reply Brief)(BILLER, ANTHONY) [Transferred from North Carolina Middle on 7/2/2020.] |
| Filing 15 DECLARATION of Katie Gavin filed by Defendant MILWAUKEE ELECTRIC TOOL CORPORATION re #13 MOTION to Dismiss for Lack of Jurisdiction filed by MILWAUKEE ELECTRIC TOOL CORPORATION. (BILLER, ANTHONY) [Transferred from North Carolina Middle on 7/2/2020.] |
| Filing 14 MEMORANDUM filed by Defendant MILWAUKEE ELECTRIC TOOL CORPORATION re #13 MOTION to Dismiss for Lack of Jurisdiction filed by MILWAUKEE ELECTRIC TOOL CORPORATION. (BILLER, ANTHONY) [Transferred from North Carolina Middle on 7/2/2020.] |
| Filing 13 MOTION to Dismiss for Lack of Jurisdiction by MILWAUKEE ELECTRIC TOOL CORPORATION. Response to Motion due by 3/10/2020 (BILLER, ANTHONY) [Transferred from North Carolina Middle on 7/2/2020.] |
| Filing 12 NOTICE of Appearance by attorney LAURA M. KONKEL on behalf of Defendant MILWAUKEE ELECTRIC TOOL CORPORATION (KONKEL, LAURA) [Transferred from North Carolina Middle on 7/2/2020.] |
| Filing 11 Corporate Disclosure Statement by MILWAUKEE ELECTRIC TOOL CORPORATION identifying Corporate Parent Techtronic Industries Company Limited for MILWAUKEE ELECTRIC TOOL CORPORATION.. (BILLER, ANTHONY) [Transferred from North Carolina Middle on 7/2/2020.] |
| Filing 10 Consent MOTION for Extension of Time to file cross -action appeal and cross-claims by MILWAUKEE ELECTRIC TOOL CORPORATION. (Attachments: #1 Text of Proposed Order)(BILLER, ANTHONY) [Transferred from North Carolina Middle on 7/2/2020.] |
| Filing 9 NOTICE of Appearance by attorney ANTHONY JOSEPH BILLER on behalf of Defendant MILWAUKEE ELECTRIC TOOL CORPORATION (BILLER, ANTHONY) [Transferred from North Carolina Middle on 7/2/2020.] |
| Filing 8 WAIVER OF THE SERVICE OF SUMMONS by Plaintiff FREUD AMERICA, INC.. (EKHOFF, JESSICA) [Transferred from North Carolina Middle on 7/2/2020.] |
| Filing 7 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form) (Sheets, Jamie) [Transferred from North Carolina Middle on 7/2/2020.] |
| Filing 6 Summons Issued as to MILWAUKEE ELECTRIC TOOL CORPORATION. (Sheets, Jamie) [Transferred from North Carolina Middle on 7/2/2020.] |
| Filing 4 NOTICE of Appearance by attorney JESSICA A. EKHOFF on behalf of Plaintiff FREUD AMERICA, INC. (EKHOFF, JESSICA) [Transferred from North Carolina Middle on 7/2/2020.] |
| Filing 3 NOTICE of Appearance by attorney THAD CHALOEMTIARANA on behalf of Plaintiff FREUD AMERICA, INC. (CHALOEMTIARANA, THAD) [Transferred from North Carolina Middle on 7/2/2020.] |
| Filing 2 Corporate Disclosure Statement by FREUD AMERICA, INC. identifying Corporate Parent ROBERT BOSCH TOOL CORPORATION, Other Affiliate ROBERT BOSCH GMBH for FREUD AMERICA, INC. (HILDEBRAN, JODI) [Transferred from North Carolina Middle on 7/2/2020.] |
| Filing 1 COMPLAINT against MILWAUKEE ELECTRIC TOOL CORPORATION (Filing fee $ 400 receipt number 0418-2743737), filed by FREUD AMERICA, INC. (Attachments: #1 Exhibit A (Motion to Amend Registration), #2 Exhibit B (TTAB Decision)) (HILDEBRAN, JODI) [Transferred from North Carolina Middle on 7/2/2020.] |
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