Barrette Outdoor Living, Inc. v. USA Fence Company
| Barrette Outdoor Living, Inc. |
| USA Fence Company |
| 8:2023cv00063 |
| January 9, 2023 |
| US District Court for the Middle District of Florida |
| Kathryn Kimball Mizelle |
| Christopher P Tuite |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| None |
Docket Report
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This docket was last retrieved on March 9, 2023. A more recent docket listing may be available from PACER.
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Filing 27
ENDORSED ORDER: Defendant USA Fence's Corporate Disclosure Statement does not meet the standards this Court requires to effectively screen cases for potential conflicts. USA Fence must submit a proper disclosure statement using the template available on the undersigned's website under the "forms" tab (and attached to Doc. #4) by March 16, 2023. Signed by Judge Kathryn Kimball Mizelle on 3/9/2023. (RLD)
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| Filing 26 RESPONSE in Opposition re #22 MOTION to Strike #19 MOTION to Stay Under the First to File Rule and Customer Suit Exception filed by USA Fence Company. (Sowa, Walter) |
| Filing 25 NOTICE of CERTIFICATE of Interested Persons and Corporate Disclosure Statement Pursuant to Federal Rule of Civil Procedure 7.1 and Local Rule 3.03 by USA Fence Company (Sowa, Walter) Modified text on 3/9/2023 (SET). |
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Filing 24
ENDORSED ORDER: Attorney John J. May is directed to comply with Local Rule 2.01(b)(G) governing Practice in the Middle District. By March 10, 2023, Attorney May must register with the Middle District's CM/ECF system. Failure to comply with this order may result in the Court striking Attorney May's appearance from the record. Signed by Judge Kathryn Kimball Mizelle on 3/6/2023. (RLD)
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| Filing 23 NOTICE of a related action per Local Rule 1.07(c) by Barrette Outdoor Living, Inc. Related case(s): Yes (Gardner, Arthur) Modified text on 2/28/2023 (SET). |
| Filing 22 MOTION to Strike #19 MOTION to Stay Under the First to File Rule and Customer Suit Exception by Barrette Outdoor Living, Inc. (Attachments: #1 Exhibit A)(Gardner, Arthur) Modified text on 2/23/2023 (SET). |
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Filing 21
ENDORSED ORDER granting Defendant's #18 Motion for Special Admission of John J. May. If counsel has not already done so, within fourteen (14) days hereof, he shall complete the e-filer registration (more information available at https://www.flmd.uscourts.gov/for-lawyers). Signed by Magistrate Judge Christopher P. Tuite on 2/13/2023. (WFM)
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Filing 20
ENDORSED ORDER granting Defendant's #17 Motion for Special Admission of Paul V. Storm. If counsel has not already done so, within fourteen (14) days hereof, he shall complete the e-filer registration (more information available at https://www.flmd.uscourts.gov/for-lawyers). Signed by Magistrate Judge Christopher P. Tuite on 2/13/2023. (WFM)
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| Filing 19 MOTION to Stay Under the First to File Rule and Customer Suit Exception by USA Fence Company. (Attachments: #1 Exhibit Northern District of Texas Complaint, #2 Exhibit Proposed USA Fence License Agreement, #3 Exhibit Terminal Disclaimer of 075 Patent in view of 965 Patent, #4 Exhibit Office Action with Double Patenting Rejection re 075 Patent)(Sowa, Walter) |
| Filing 18 MOTION for John J. May to appear pro hac vice by USA Fence Company. (Sowa, Walter) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 17 MOTION for Paul V. Storm to appear pro hac vice by USA Fence Company. (Sowa, Walter) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 16 NOTICE of Appearance by Walter Sowa, III on behalf of USA Fence Company (Sowa, Walter) |
| Filing 15 SUMMONS Returned Executed by Barrette Outdoor Living, Inc. (Henry, David) Modified on 2/6/2023 (SET). |
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Filing 14
ENDORSED ORDER: Attorney Arthur A. Gardner is directed to comply with Local Rule 2.01(b)(G) governing Practice in the Middle District. By February 8, 2023, Attorney Gardner must register with the Middle District's CM/ECF system. Failure to comply with this order may result in the Court striking Attorney Gardner's appearance from the record. Signed by Judge Kathryn Kimball Mizelle on 2/1/2023. (RLD)
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Filing 13
ENDORSED ORDER granting Plaintiff's #10 Motion for Special Admission of Arthur A. Gardner. If counsel has not already done so, within fourteen (14) days hereof, he shall complete the e-filer registration (more information available at https://www.flmd.uscourts.gov/for-lawyers). Signed by Magistrate Judge Christopher P. Tuite on 1/13/2023. (WFM)
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Filing 12
ENDORSED ORDER granting Plaintiff's #9 Motion for Special Admission of Elliott C. Riches. If counsel has not already done so, within fourteen (14) days hereof, he shall complete the e-filer registration (more information available at https://www.flmd.uscourts.gov/for-lawyers). Signed by Magistrate Judge Christopher P. Tuite on 1/13/2023. (WFM)
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Filing 11
ENDORSED ORDER granting Plaintiff's #8 Motion for Special Admission of David G. Henry, Sr. If counsel has not already done so, within fourteen (14) days hereof, he shall complete the e-filer registration (more information available at https://www.flmd.uscourts.gov/for-lawyers). Signed by Magistrate Judge Christopher P. Tuite on 1/13/2023. (WFM)
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| Filing 10 MOTION for Arthur A. Gardner to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20392004 for $150 by Barrette Outdoor Living, Inc. (Donato, Mario) Motions referred to Magistrate Judge Christopher P. Tuite. Modified text on 1/12/2023 (SET). |
| Filing 9 MOTION for Elliott C. Riches to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20392001 for $150 by Barrette Outdoor Living, Inc. (Donato, Mario) Motions referred to Magistrate Judge Christopher P. Tuite. Modified text on 1/12/2023 (SET). |
| Filing 8 MOTION for David G. Henry, Sr. to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20391998 for $150 by Barrette Outdoor Living, Inc. (Donato, Mario) Motions referred to Magistrate Judge Christopher P. Tuite. Modified text on 1/12/2023 (SET). |
| Filing 7 NOTICE to counsel David G. Henry, Sr., Elliott C. Riches, Arthur A. Gardner Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (KME) |
| Filing 6 Patent Report sent to Alexandria, VA. (KME) |
| Filing 5 SUMMONS issued as to USA Fence Company. (KME) |
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Filing 4
CIVIL CASE ORDER. Counsel and any unrepresented party shall meet within forty days after any defendant appears for the purposes of preparing and filing a Case Management Report. Signed by Judge Kathryn Kimball Mizelle on 1/10/2023. (RLD)
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| Filing 3 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Christopher P. Tuite. New case number: 8:23-cv-0063-KKM-CPT. (SJB) |
| Filing 2 CERTIFICATE of interested persons and corporate disclosure statement by Barrette Outdoor Living, Inc. (Donato, Mario) |
| Filing 1 COMPLAINT against USA Fence Company with Jury Demand (Filing Fee $402,Receipt #AFLMDC-20380643) filed by Barrette Outdoor Living, Inc. (Attachments: #1 Exhibit 1 - US Patent 8,413,965, #2 Exhibit 2 - US Patent 9,151,075, #3 Exhibit 3 - US Patent 9,551,164, #4 Exhibit 4 - US Patent 9,963,905, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Civil Cover Sheet, #9 Proposed Summons)(Donato, Mario) Modified on 1/10/2023 to correct docket text(SJB). |
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