MASTERBUILT MANUFACTURING INC v. Wal-Mart Stores,Inc.
| MASTERBUILT MANUFACTURING INC and MASTERBUILT MANUFACTURING LLC |
| WAL-MART STORES INC |
| 4:2017cv00213 |
| November 2, 2017 |
| US District Court for the Middle District of Georgia |
| Columbus Office |
| Muscogee |
| CLAY D LAND |
| Patent |
| 35 U.S.C. § 271 |
| Both |
Docket Report
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This docket was last retrieved on January 22, 2018. A more recent docket listing may be available from PACER.
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| Filing 47 JOINT MOTION for Extension of Time to File Responses to Certain Deadlines of the Scheduling Order for Expedited Discovery. by WAL-MART STORES INC filed by Joshua David Curry. (Attachments: #1 Proposed Order)(Curry, Joshua) |
| Filing 46 This is a text only entry; no document issued. ORDER granting #45 Motion to Withdraw as Attorney. Attorney LAUREN E GRONDIN terminated. Ordered by US DISTRICT JUDGE CLAY D LAND on 1/22/2018 (esl) |
| Notice of Deficiency; Related document: #43 and #44 Notices filed by MASTERBUILT MANUFACTURING LLC; Pursuant to Local Rule 5, Disclosures under F.R.Civ.P.(26)(a)(1) or (2) and discovery requests and responses including depositions, interrogatories, notices of subpoena, requests for production of documents, and requests for admission must not be filed unless they are used in the proceedings or the court orders filing. Neither should notices nor certificates regarding discovery be filed. Use of discovery materials in court in connection with a motion, a pretrial conference under Rule 16 or otherwise may require the filing of discovery materials. Prior to filing depositions or other discovery material, counsel must electronically file a Certificate of Need to File Discovery, certifying that the discovery documents to be filed have been used in the proceedings, in connection with a motion, or have been ordered filed by the court(tlf). |
| Filing 45 MOTION to Withdraw as Attorney by MASTERBUILT MANUFACTURING LLC filed by LAUREN E GRONDIN.(GRONDIN, LAUREN) |
| Filing 44 NOTICE Plaintiff's Notice of Subpoena to Produce Documents as to Select Brands, Inc. by MASTERBUILT MANUFACTURING LLC (Attachments: #1 Exhibit Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action to Select Brands, Inc.)(FRENCH, MICHAEL) |
| Filing 43 NOTICE Plaintiff's Notice of Subpoena to Produce Documents as to Farberware Licensing Company LLC by MASTERBUILT MANUFACTURING LLC (Attachments: #1 Exhibit Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action to Farberware Licensing Company LLC)(FRENCH, MICHAEL) |
| Filing 42 NOTICE of Attorney Appearance by VERNON M STRICKLAND on behalf of MASTERBUILT MANUFACTURING LLC Attorney VERNON M STRICKLAND added to party MASTERBUILT MANUFACTURING LLC(pty:pla) (STRICKLAND, VERNON) |
| Filing 41 ANSWER to Complaint by WAL-MART STORES INC with Jury Demand.(Curry, Joshua) |
| Filing 40 NOTICE of Withdrawal of Declaration of Arthur A. Gardner by MASTERBUILT MANUFACTURING LLC re #24 Affidavit (GRONDIN, LAUREN) |
| Filing 39 RESPONSE filed by WAL-MART STORES INC re #9 MOTION for Preliminary Injunction (Attachments: #1 Exhibit A - Declaration of Steven Ronchetto In Support of Walmart's Opposition to Plaintiff's Motion for Preliminary Injunction)(Curry, Joshua) |
| Filing 38 TRANSCRIPT of Proceedings held on 11/21/2017, before Judge Clay D. Land. Court Reporter/Transcriber Betsy Peterson. Volume Number: I of I. The transcript may be inspected at the court or purchased through the court reporter for a period of 90 days. After 90 days, the transcript may be obtained via PACER. REDACTION OF TRANSCRIPTS: Complete redaction policy available on the courts website. (Peterson, Betsy) |
Filing 37
SCHEDULING ORDER FOR EXPEDITED DISCOVERY: Ordered by US DISTRICT JUDGE CLAY D LAND on 12/12/2017. (esl)
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| NOTICE OF RESETTING FINAL HEARING ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION - Pursuant to the Scheduling Order for Expedited Discovery #37 , the final hearing is now set for 4/9/2018 09:30 AM in Columbus before US DISTRICT JUDGE CLAY D LAND. The hearing was previously set for 1/16/2018 at 9:30 AM. That hearing should be removed from all court calendars. (esl) |
| Filing 36 UNOPPOSED MOTION for Extension of Time to File RESPONSE as to #25 MOTION to Strike #24 Affidavit by MASTERBUILT MANUFACTURING LLC filed by LAUREN E GRONDIN. (Attachments: #1 Proposed Order Exhibit A - Proposed Order re Extension of Time to File Response)(GRONDIN, LAUREN) |
| REMARK: Insofar as Local Rule 6.2 provides: " In civil cases, the clerk of court and deputies are authorized to permit extensions of time to a date certain not to exceed fourteen days for the filing of briefs. And, insofar as the requested extension does not exceed 14 days, #36 motion for extension of time is being construed as an application to the clerk for extension, is granted, and is being administratively terminated without ruling by the court (tlf). |
| Notice of Clerk's Granting of Extension re: #36 "MOTION" for Extension of Time to File RESPONSE as to #25 MOTION to Strike #24 Affidavit filed by MASTERBUILT MANUFACTURING LLC (tlf). |
| Filing 35 NOTICE of Attorney Appearance by LAUREN E GRONDIN on behalf of MASTERBUILT MANUFACTURING LLC Attorney LAUREN E GRONDIN added to party MASTERBUILT MANUFACTURING LLC(pty:pla) (GRONDIN, LAUREN) |
| Filing 34 This is a text only entry; no document issued. ORDER granting #33 Motion to Withdraw as Attorney. Attorney ROMAN TSIBULEVSKIY terminated. Ordered by US DISTRICT JUDGE CLAY D LAND on 11/30/2017 (esl) |
| Filing 33 MOTION to Withdraw as Attorney by WAL-MART STORES INC filed by Joshua David Curry.(Curry, Joshua) |
| Filing 32 JOINT MOTION for Extension of Time to File To present Scheduling Order for Expedited Discovery. by MASTERBUILT MANUFACTURING LLC filed by STEPHEN G GUNBY.(GUNBY, STEPHEN) |
| Filing 31 NOTICE of Attorney Appearance by MICHAEL S FRENCH on behalf of MASTERBUILT MANUFACTURING LLC Attorney MICHAEL S FRENCH added to party MASTERBUILT MANUFACTURING LLC(pty:pla) (FRENCH, MICHAEL) |
| Filing 30 This is a text only entry; no document issued. ORDER granting #29 Motion for Extension of Time to file Proposed Scheduling Order for Expedited Discovery. The proposed scheduling order is due by 11/29/2017. Ordered by US DISTRICT JUDGE CLAY D LAND on 11/27/2017. (CCL) |
| Filing 29 JOINT MOTION for Extension of Time to File To file Scheduling Order for Expedited Discovery. by MASTERBUILT MANUFACTURING LLC filed by STEPHEN G GUNBY.(GUNBY, STEPHEN) |
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Filing 28
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by BRIAN R MCGINLEY (nop)
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Filing 27
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by KATE E HART (nop)
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| Filing 26 STIPULATION for Extension of Time to Respond to Complaint by WAL-MART STORES INC (Curry, Joshua) |
| Filing 25 MOTION to Strike #24 Affidavit by WAL-MART STORES INC filed by Joshua David Curry. (Attachments: #1 Memorandum in Support of Motion to Strike Expert Declaration of Arthur A. Gardner, #2 Proposed Order on Motion to Strike Expert Declaration of Arthur A. Gardner)(Curry, Joshua) |
| Filing 24 AFFIDAVIT re #10 AMENDED MOTION Amending #9 MOTION for Preliminary Injunction (Declaration of Art Gardner) by MASTERBUILT MANUFACTURING LLC (GRISTINA, THOMAS) |
| Filing 23 EXHIBIT(S) Exhibit C, Declaration of Expert Dr. Thomas R. Kurfess, P.C.in Support of Defendant's Opposition to Motion for Preliminary Injunction by WAL-MART STORES INC re #21 Sealed Document, #10 AMENDED MOTION Amending #9 MOTION for Preliminary Injunction (Attachments: #1 Exhibit 1 - CV of Expert Dr. Thomas R. Kurfess, P.C., #2 Exhibit 2 - US Patent 309249, #3 Exhibit 3 - US Patent 4401017, #4 Exhibit 4 - US Patent 5826494, #5 Exhibit 5 - US Patent 6941857, #6 Exhibit 6 - US Patent 6085641, #7 Exhibit 7 - US Patent 6363834(B1))(Curry, Joshua) |
| Filing 22 EXHIBIT(S) Exhibit B, Declaration of Michele Hall in Support of Defendant's Opposition to Motion for Preliminary Injunction by WAL-MART STORES INC re #21 Sealed Document, #10 AMENDED MOTION Amending #9 MOTION for Preliminary Injunction (Attachments: #1 Exhibit 1 - Masterbuilt Website from 1999, #2 Exhibit 2 - 11/15/2017 email from counsel for Defendant to counsel for Plaintiff)(Curry, Joshua) |
| NOTICE OF SETTING HEARING - Preliminary Injunction Hearing set for 1/16/2018 09:30 AM in Columbus before US DISTRICT JUDGE CLAY D LAND. (esl) |
| TEXT ONLY Minute Entry for proceedings held before US DISTRICT JUDGE CLAY D LAND: Hearing re: Motion for Preliminary Injunction held on 11/21/2017 and then continued to 9:30 am, January 16, 2018. Parties shall submit a joint proposed scheduling order by close of business Monday, November 27, 2017. Court Reporter: Betsy Peterson. Counsel present at hearing: M. Powell, T Gristina, S. Gunby, K. Hart, P Robinson, J. Bowler and J. Curry. (esl) |
| Filing 21 SEALED Response to #9 motion for preliminary injunction (Attachments: #1 Declaration of Steven Ronchetto)(tlf). |
| Filing 20 MOTION to Strike #10 AMENDED MOTION Amending #9 MOTION for Preliminary Injunction by WAL-MART STORES INC filed by Joshua David Curry. (Attachments: #1 Memorandum in Support of Motion to Strike Expert Declaration, #2 Proposed Order on Motion to Strike Expert Declaration)(Curry, Joshua) |
| Filing 19 This is a text only entry; no document issued. ORDER granting #18 Motion for Leave to File Under Seal. Defendant's motion for leave to file under seal #18 as granted, and Defendant shall be permitted to file its response brief and supporting declaration under seal. Defendant shall also file a redacted version of the brief and declaration on the public docket as soon as is practicable. Ordered by US DISTRICT JUDGE CLAY D LAND on 11/20/2017. (CCL) |
| Filing 18 UNOPPOSED MOTION for Leave to File Documents Under Seal and Memorandum in Support by WAL-MART STORES INC filed by Joshua David Curry. (Attachments: #1 Proposed Order Proposed Order Granting Motion for Leave to File Documents Under Seal)(Curry, Joshua) |
| Filing 17 NOTICE of Attorney Appearance by John M. Bowler on behalf of WAL-MART STORES INC Attorney John M. Bowler added to party WAL-MART STORES INC(pty:dft) (Bowler, John) |
| Filing 16 This is a text only entry; no document issued. ORDER granting #11 Motion for Expedited Hearing. The Court has scheduled a hearing in this matter for November 21, 2017 beginning at 3:00 P.M. Defendant has expressed concerns about the short notice. The Court interpreted Plaintiff's request to be in the nature of a request for a temporary restraining order, which does not necessarily require an opportunity for the other side to be heard. But consistent with this Court's approach to such motions, the Court generally insists that the other side be notified and have an opportunity to be heard if feasible. Thus Defendant has received more notice and a greater opportunity to be heard than Defendant may be entitled to if Plaintiff were seeking a temporary restraining order. The Court will decide at the hearing whether the request for such an order should be treated as a motion for preliminary injunction and whether such injunction should be entered or not. The focus of the hearing will be whether temporary injunctive relief should be granted to maintain the status quo until a more thorough and complete evidentiary hearing can be scheduled. Ordered by US DISTRICT JUDGE CLAY D LAND on November 16, 2017 (CDL) |
| NOTICE TO COUNSEL BRIAN M. MCGINLEY, KATE M. HART, and ROMAN TSIBULEVSKIY - Counsel is notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice admissions fees, have not been met, a show cause hearing may be scheduled (tlf). |
| Filing 15 RESPONSE filed by WAL-MART STORES INC re #11 MOTION for Hearing re #10 AMENDED MOTION Amending #9 MOTION for Preliminary Injunction (Attachments: #1 Exhibit 1 - Declaration of Michele Hall, #2 Exhibit A - 11-1999 Masterbuilt Website, #3 Exhibit B - Service Emails from Masterbuilt Counsel)(Curry, Joshua) |
| Filing 14 Corporate Disclosure Statement by WAL-MART STORES INC identifying Other Affiliate WALMART REAL ESTATE BUSINESS TRUST, Other Affiliate SAMS REAL ESTATE BUSINESS TRUST, Other Affiliate WALMART STORES TEXAS LLC, Other Affiliate WALMART PROPERTY COMPANY, Other Affiliate ASDA GROUP LIMITED, Other Affiliate SAMS WEST INC, Other Affiliate SAMS PROPERTY COMPANY, Other Affiliate WALMART CANADA CORPORATION, Other Affiliate WALMART CHILE SA 1, Other Affiliate WALMART JAPAN HOLDINGS KK, Other Affiliate MASSMART HOLDINGS LIMITED, Other Affiliate WALMART DE MEXICO SAB DE CV, Other Affiliate SAMS EAST INC, Other Affiliate WALMART STORES EAST LP for WAL-MART STORES INC. (Curry, Joshua) |
| Filing 13 Notice of deficiency entered for this entry with instructions to filer they must be re-filed . Corporate Disclosure Statement by WAL-MART STORES INC (Curry, Joshua) Modified on 11/14/2017 (tlf). |
| Notice of Deficiency; Related document: #12 Notice of Attorney Appearance filed by WAL-MART STORES, INC.; Pursuant to Local Rule 87, all nongovernmental corporate parties must file a Corporate Disclosure Statement - Please file the required corporate disclosures immediately (tlf). |
| NOTICE OF SETTING HEARING ON MOTION re MOTION for Preliminary Injunction #9 and #10 : Motion Hearing set for 11/21/2017 03:00 PM in Columbus before US DISTRICT JUDGE CLAY D LAND. (esl) |
| Notice of Deficiency; Document must be re-filed ; Related document: #13 Corporate Disclosure Statement filed by WAL-MART STORES, INC.; Document must be re-filed to add corporate parents, subsidiary corporations and/or any publicly held corporation that owns 10% or more of its stock to the case, during the filing process in CM/ECF. It is not sufficient to simply have them listed on the document attached, they must also be entered into CM/ECF. During the filing process, the following user message appeared: "Corporate disclosures statement must be filed with any corporate parents, subsidiary corporations, and/or any publicly held corporation that owns 10% or more of its stock added in CM/ECF during the filing of the document. Failure to add the corporate parents and/or any publicly held corporation identified in your corporate disclosure statement will result in a request to re-file. Although 14 subsidiaries were listed within the document, none were added into CM/ECF. Corporate disclosures must be re-filed with subsidiaries added into CM/ECF(tlf). |
| Filing 12 NOTICE of Attorney Appearance by Joshua David Curry on behalf of WAL-MART STORES INC Attorney Joshua David Curry added to party WAL-MART STORES INC(pty:dft) (Curry, Joshua) |
| Filing 11 MOTION for Hearing re #10 AMENDED MOTION Amending #9 MOTION for Preliminary Injunction by MASTERBUILT MANUFACTURING LLC filed by STEPHEN G GUNBY. (Attachments: #1 Envelope 1 Certificate of Good Faith by Michael Powell, #2 Memorandum in Support Brief in Support of Expedited Hearing)(GUNBY, STEPHEN) |
| Filing 10 AMENDED MOTION Amending #9 MOTION for Preliminary Injunction by MASTERBUILT MANUFACTURING LLC filed by STEPHEN G GUNBY. (Attachments: #1 Exhibit 1 Decalaration of Dale Lischer, #2 Exhibit 2 Declaration of Glenn Scarborough, #3 Exhibit 3 Decalaration of Adam Carter, #4 Memorandum in Support Brief of Masterbuilt Manufacturing, LLC, #5 Exhibit A to Brief Wal-Mart flyer, #6 Exhibit B to Brief Online Google results, #7 Exhibit C to Brief Online Google results for XL, #8 Exhibit D to Brief Wal-Mart online search result)(GUNBY, STEPHEN) |
| Filing 9 MOTION for Preliminary Injunction by MASTERBUILT MANUFACTURING LLC filed by STEPHEN G GUNBY. (Attachments: #1 Exhibit A Declaration of Dale Lischer, #2 Exhibit B Decalaration of Glenn Scarborough, #3 Exhibit C Decalaration of Adam Carter)(GUNBY, STEPHEN) |
| Filing 8 SUMMONS Returned Executed by MASTERBUILT MANUFACTURING LLC as to WAL-MART STORES INC. (GUNBY, STEPHEN) |
| Filing 7 NOTICE of Attorney Appearance by THOMAS F GRISTINA on behalf of MASTERBUILT MANUFACTURING LLC (GRISTINA, THOMAS) |
| Filing 6 Corporate Disclosure Statement by MASTERBUILT MANUFACTURING INC identifying Corporate Parent DOMINUS MASTERBUILT HOLDINGS LLC for MASTERBUILT MANUFACTURING INC. (GUNBY, STEPHEN) |
| Filing 5 NOTICE of Attorney Appearance by Michael J. Powell on behalf of MASTERBUILT MANUFACTURING INC (Powell, Michael) |
| Filing 4 Summons issued as to Wal-Mart Stores, Inc. (tlf). |
| Filing 3 Notice of deficiency entered for this document with instructions to filer that it be re-filed . NOTICE of Attorney Appearance by STEPHEN G GUNBY on behalf of MASTERBUILT MANUFACTURING INC (GUNBY, STEPHEN) Modified on 11/2/2017 (tlf). |
| Filing 2 NOTICE of Attorney Appearance by STEPHEN G GUNBY on behalf of MASTERBUILT MANUFACTURING INC (GUNBY, STEPHEN) |
| Filing 1 COMPLAINT against MASTERBUILT MANUFACTURING INC Fee paid: Receipt # 113G-2741431, $400 filed by MASTERBUILT MANUFACTURING INC (Attachments: #1 Exhibit Product photo, #2 Exhibit Patent 992, #3 Exhibit Patent 857, #4 Exhibit Patent 922, #5 Exhibit 8-21-17 letter, #6 Exhibit 9-11-17 email, #7 Exhibit 10-5-17 email, #8 Exhibit Farberware photo, #9 Exhibit 10-19-17 email, #10 Exhibit 10-20-17 email, #11 Exhibit 10-26-17 letter, #12 Exhibit 10-27-17 letter, #13 Exhibit 10-28-17 email, #14 Exhibit Farberware photo, #15 Civil Cover Sheet Cover Sheet, #16 Summons Summons)(GUNBY, STEPHEN) |
| Notice of Deficiency; Document must be re-filed; Related document: #3 Notice of Attorney Appearance filed by MASTERBUILT MANUFACTURING, INC.; The document was filed by Mr. Gunby but signed by Mr. Gristina. The CM//ECF procedures manual provides as follows: "The document shall contain the filing attorneys s/ signature and must include a reference to the attorney of record in the case on whose behalf they are filing. Ex. s/John Doe for Jane S. Doe. The s/ name on the document and the name associated with the Participants login ID must be the same." Document must be re-filed (tlf). |
| Notice of Deficiency; Related document: #1 Complaint filed by MASTERBUILT MANUFACTURING, INC.; Pursuant to Local Rule 87, all nongovernmental corporate parties must file a Corporate Disclosure Statement - Please file the required corporate disclosures immediately (tlf). |
| Notice of Deficiency; No need to re-file ; Related document: #1 Complaint filed by MASTERBUILT MANUFACTURING, INC.. The defendant was added in title caps and with punctuation resulting in a duplicate party being added to the database. It has been fixed by the case manager. The Attorney Case Opening Guide provides as follows: "all parties must be added using ALL CAPS. (i.e. LISA SMITH or DELTA AIRLINES). Do not use ANY punctuation when adding new parties. For instructions as to how to add parties, please refer to the Middle District of Georgias Style Guide." Please adhere to this procedure in future filings (tlf). |
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