Merrill Manufacturing Company v. Simmons Manufacturing Company
Plaintiff: Merrill Manufacturing Company
Defendant: Simmons Manufacturing Company
Case Number: 1:2020cv03941
Filed: September 23, 2020
Court: US District Court for the Northern District of Georgia
Presiding Judge: Michael L Brown
Nature of Suit: Patent
Cause of Action: 35 U.S.C. ยง 271
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 9, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 20, 2020 Opinion or Order Filing 47 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Merrill Manufacturing Company. (Trout, Brett)
November 20, 2020 Opinion or Order Filing 46 CERTIFICATE OF SERVICE of PLAINTIFF MERRILL MANUFACTURING COMPANYS INITIAL DISCLOSURES by Merrill Manufacturing Company.(Trout, Brett)
November 20, 2020 Opinion or Order Filing 45 CERTIFICATE OF SERVICE Defendant's Third Discovery Request - RFA No. 1 to 133 by Simmons Manufacturing Company.(Anderson, Stephen)
November 20, 2020 Opinion or Order Filing 44 CERTIFICATE OF SERVICE Defendant's Second Discovery Request - RFP No. 1 to 152 by Simmons Manufacturing Company.(Anderson, Stephen)
November 20, 2020 Opinion or Order Filing 43 CERTIFICATE OF SERVICE For Defendant's First Discovery Request - Irogs 1 to 16 by Simmons Manufacturing Company.(Anderson, Stephen)
November 20, 2020 Opinion or Order Filing 42 Initial Disclosures by Simmons Manufacturing Company.(Anderson, Stephen)
November 17, 2020 Opinion or Order Filing 41 RESPONSE Titled: Brief in Opposition re #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM For Induced, Contributory and Willful Patent Infringement filed by Merrill Manufacturing Company. (Hill, Steven) Modified on 11/18/2020 to edit text to reflect PDF(dob).
November 17, 2020 Opinion or Order Filing 40 ANSWER to #35 Counterclaim Plaintiff's Answer to Defendant's First Amended Counterclaims by Merrill Manufacturing Company.(Hill, Steven) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
November 13, 2020 Opinion or Order Filing 39 ORDER granting #38 Motion for Extension of Time for filing the parties' Rule 16 joint preliminary report and discovery plan until November 20, 2020. Signed by Judge Michael L. Brown on 11/13/20. (bjh)
November 13, 2020 Opinion or Order Filing 38 Joint MOTION for Extension of Time Filing of the Parties' Rule 16.2 Joint Preliminary Report and Discovery Plan by Merrill Manufacturing Company. (Attachments: #1 Text of Proposed Order Proposed Order on Joint Motion to Extend Time for the filing of the Parties' Rule 16.2 Joint Preliminary Report and Discovery Plan)(Hill, Steven)
November 5, 2020 Opinion or Order Filing 37 ORDER granting #36 Motion for Extension of Time for Filing Joint Preliminary Report and Discovery Plan until 11/13/2020. Signed by Judge Michael L. Brown on 11/5/2020. (dob)
November 5, 2020 Opinion or Order Filing 36 Joint MOTION for Extension of Time File The Parties' Rule 16.2 Joint Preliminary Report and Discovery Plan by Simmons Manufacturing Company. (Anderson, Stephen)
November 3, 2020 Opinion or Order Filing 35 ANSWER to #31 Amended Complaint , Amended COUNTERCLAIM against Merrill Manufacturing Company with Jury Demand by Simmons Manufacturing Company. (Attachments: #1 Exhibit National Ground Water Email, #2 Exhibit Heavy-Duity Standard Pressure Switches, #3 Exhibit FTC Letter dated July 16, 2020, #4 Exhibit Merrill's 2019 Catalog)(Anderson, Stephen) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
November 3, 2020 Opinion or Order Filing 34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM For Induced, Contributory and Willful Patent Infringement with Brief In Support by Simmons Manufacturing Company. (Attachments: #1 Brief Brief in Support of Motion to Dismiss)(Anderson, Stephen)
October 29, 2020 Opinion or Order ORDER (by docket entry only) denying as moot Defendant's #11 #24 Motions to Dismiss in the light of Plaintiff's #31 First Amended Complaint. Ordered by Judge Michael L. Brown on 10/29/2020. (bgt)
October 20, 2020 Opinion or Order Filing 33 RESPONSE in Opposition re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Reg. Plaintiff's Claims for Induced, Contributory and Willful Patent Infringment filed by Merrill Manufacturing Company. (Hill, Steven)
October 20, 2020 Opinion or Order Filing 32 Plaintiff Merrill Manufacturing Company's ANSWER to #25 Counterclaim of Defendant Simmons Manufacturing Company's, COUNTERCLAIM against All Defendants by Merrill Manufacturing Company.(Hill, Steven) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
October 20, 2020 Opinion or Order Filing 31 First AMENDED COMPLAINT against All Defendants with Jury Demand filed by Merrill Manufacturing Company. (Attachments: #1 Exhibit A - US D881817, #2 Exhibit B - MTB Trade Dress, #3 Exhibit C - Infringing Trade Dress, #4 Exhibit D - Simmons webpage)(Hill, Steven) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.
October 20, 2020 Opinion or Order Filing 30 Corporate Disclosure Statement by Merrill Manufacturing Company by Merrill Manufacturing Company.(Hill, Steven)
October 16, 2020 Opinion or Order Filing 29 ORDER granting #27 Application for Admission Pro Hac Vice of Brett J. Trout. Signed by Judge Michael L. Brown on 10/16/20. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(bjh)
October 16, 2020 Opinion or Order RETURN of #28 APPLICATION for Admission of Brett J. Trout Pro Hac Vice. to attorney for correction. DUPLICATE APPLICATION FILED (cdg)
October 16, 2020 Opinion or Order APPROVAL by Clerks Office re: #27 APPLICATION for Admission of Brett J. Trout Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10264857).. Attorney Brett J. Tout added appearing on behalf of Merrill Manufacturing Company, (cdg)
October 16, 2020 Opinion or Order Clerk's Certificate of Mailing to Brett J. Trout re #29 Order on Application for Admission PHV,. (bjh)
October 15, 2020 Opinion or Order Filing 28 APPLICATION for Admission of Brett J. Trout Pro Hac Vice.by Merrill Manufacturing Company. (Hill, Steven) Documents for this entry are not available for viewing outside the courthouse.
October 15, 2020 Opinion or Order Filing 27 APPLICATION for Admission of Brett J. Trout Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10264857).by Merrill Manufacturing Company. (Hill, Steven) Documents for this entry are not available for viewing outside the courthouse.
October 7, 2020 Opinion or Order Filing 26 Certificate of Consent to Withdrawal as Counsel Timothy J Zarley and Joshua J. Conleyby Simmons Manufacturing Company, Simmons Manufacturing Company. (Anderson, Stephen) Modified on 10/8/2020 to edit event selected (dob).
October 6, 2020 Opinion or Order Filing 25 ANSWER to #1 COMPLAINT with Jury Demand ( Discovery ends on 7/6/2021.), COUNTERCLAIM against Merrill Manufacturing Company with Jury Demand by Simmons Manufacturing Company. (Attachments: #1 Exhibit Ex 1 - National Ground Water Email, #2 Exhibit Ex 2 - Merrill Pressure Switch Flyer, #3 Exhibit Ex 3 - FTC letter dated June 16, 2020, #4 Exhibit Ex 4 - Merrill's 2019 Product Catalog)(Anderson, Stephen) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
October 6, 2020 Opinion or Order Filing 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Reg. Plaintiff's Claims for Induced, Contributory and Willful Patent Infringment with Brief In Support by Simmons Manufacturing Company. (Attachments: #1 Brief Defendants Brief In Support of Motion, #2 Exhibit Ex 1 - Letter dated July 10, 2020)(Anderson, Stephen)
October 6, 2020 Opinion or Order Filing 23 Certificate of Interested Persons by Simmons Manufacturing Company. (Anderson, Stephen)
October 6, 2020 Opinion or Order Filing 22 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Timothy J. Zarley. Clerk to follow-up by 10/16/2020. (cdg)
October 6, 2020 Opinion or Order Filing 21 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Joshua J. Conley. Clerk to follow-up by 10/16/2020. (cdg)
September 29, 2020 Opinion or Order Filing 20 EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (ddm) (ADI)
September 26, 2020 Opinion or Order Filing 19 STANDING ORDER regarding civil litigation. Signed by Judge Michael L. Brown on 7/24/2020. (bgt)
September 26, 2020 Opinion or Order Submission of #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, to District Judge Michael L. Brown. (bgt)
September 23, 2020 Opinion or Order Filing 18 SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS Signed by Judge Thomas W. Thrash, Jr. on 09/01/2020. (aar)
September 23, 2020 Opinion or Order Filing 17 Case transferred in from District of Iowa Southern; Case Number 4:20-cv-00217. Original file certified copy of transfer order and docket sheet received.
September 23, 2020 Opinion or Order Filing 16 ORDER finding as moot #11 Motion to Dismiss case for improper venue ; granting #11 Motion to Change Venue, case is to be transferred to the Northern District of Georgia; #11 Motion to Dismiss specific claims for failure to state a claim will not be addressed in the Southern District of Iowa.. Signed by Senior Judge Charles R. Wolle on 9/22/2020. (don) [Transferred from Iowa Southern on 9/23/2020.]
September 23, 2020 Opinion or Order Clerk's Certificate of Mailing as to Merrill Manufacturing Company, Simmons Manufacturing Company re #18 Order. (aar)
September 22, 2020 Opinion or Order Filing 15 Text Minute Entry for oral arguments heard by telephone conference call before Senior Judge Charles R. Wolle on 9/22/2020 re #11 MOTION to Dismiss Due to Improper Venue MOTION to Change Venue MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Simmons Manufacturing Company. Arguments heard. Matters deemed submitted for ruling. (Court Reporter Kelli Mulcahy) (alb) [Transferred from Iowa Southern on 9/23/2020.]
September 9, 2020 Opinion or Order Filing 14 REPLY re #11 MOTION to Dismiss Due to Improper Venue MOTION to Change Venue MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Simmons Manufacturing Company.(Conley, Joshua) [Transferred from Iowa Southern on 9/23/2020.]
September 9, 2020 Opinion or Order Set/Reset Hearings: Telephone Conference set for 9/22/2020 11:00 AM in Phone Hearing before Senior Judge Charles R. Wolle. Per Order #13 (don) [Transferred from Iowa Southern on 9/23/2020.]
September 8, 2020 Opinion or Order Filing 13 TEXT ORDER. Hearing on defendant's resisted motion to dismiss (Dkt# 11) will be held by telephone conference call at 11:00 a.m. on 9/22/20. To join the call, counsel shall call 1-888-636-3807, using the access code: 5261674. Signed by Senior Judge Charles R. Wolle on 9/8/2020. (alb) [Transferred from Iowa Southern on 9/23/2020.]
September 3, 2020 Opinion or Order Filing 12 RESPONSE to Motion re #11 MOTION to Dismiss Due to Improper Venue MOTION to Change Venue MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Merrill Manufacturing Company. Replies due by 9/10/2020. (Attachments: #1 Affidavit Declaration of Stephen Anderson)(Trout, Brett) [Transferred from Iowa Southern on 9/23/2020.]
August 20, 2020 Opinion or Order Filing 11 MOTION to Dismiss Due to Improper Venue, MOTION to Change Venue , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Simmons Manufacturing Company.Motions referred to Helen C. Adams. Responses due by 9/3/2020. (Attachments: #1 Brief in Support, #2 Affidavit Declaration of Robert F. Engeman, Jr., #3 Exhibit, #4 Exhibit, #5 Exhibit)(Conley, Joshua) [Transferred from Iowa Southern on 9/23/2020.]
August 20, 2020 Opinion or Order Filing 10 TEXT ORDER granting #8 Motion for Leave to Appear Pro Hac Vice Luke Anderson. Signed by Chief Magistrate Judge Helen C. Adams on 8/20/2020. (kjw) [Transferred from Iowa Southern on 9/23/2020.]
August 19, 2020 Opinion or Order Filing 9 Corporate Disclosure/Statement of Interest by Simmons Manufacturing Company. (Conley, Joshua) [Transferred from Iowa Southern on 9/23/2020.]
August 19, 2020 Opinion or Order Filing 8 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-4222964 Fee paid in the amount of $100. by Simmons Manufacturing Company. (Zarley, Timothy) [Transferred from Iowa Southern on 9/23/2020.]
August 19, 2020 Opinion or Order Filing 7 NOTICE of Appearance by Timothy J Zarley on behalf of All Defendants (Zarley, Timothy) [Transferred from Iowa Southern on 9/23/2020.]
August 19, 2020 Opinion or Order Filing 6 NOTICE of Appearance by Joshua James Conley on behalf of All Defendants (Conley, Joshua) [Transferred from Iowa Southern on 9/23/2020.]
July 14, 2020 Opinion or Order Filing 5 TEXT ORDER. A question has been raised concerning whether this case was filed properly in the U.S. District Court for the Southern District of Iowa. If a motion is filed, the court then will address this legal issue. Signed by Senior Judge Charles R. Wolle on 7/14/2020. (alb) [Transferred from Iowa Southern on 9/23/2020.]
July 13, 2020 Opinion or Order Filing 4 Summons/Corporate Disclosure Packet Note: Counsel should download the attached summons and/or corporate disclosure packet, if applicable. In compliance with Rule 4 of the Rules of Civil Procedure for summons and Local Rule 7.1 for the disclosure statements. Corporate Disclosure Statement deadline set for plaintiff 7/31/2020. (Attachments: #1 7.1 Packet) (slg) [Transferred from Iowa Southern on 9/23/2020.]
July 13, 2020 Opinion or Order Filing 3 REPORT on the filing or determination of an action regarding patent and/or trademark number(s) D881,817. (slg) (Additional attachment(s) added on 7/13/2020: #1 Complaint) (slg). [Transferred from Iowa Southern on 9/23/2020.]
July 10, 2020 Opinion or Order Filing 2 Corporate Disclosure/Statement of Interest by Merrill Manufacturing Company. (Trout, Brett) [Transferred from Iowa Southern on 9/23/2020.]
July 10, 2020 Opinion or Order Filing 1 COMPLAINT against Simmons Manufacturing Company Filing fee paid in the amount of $ 400, receipt number 0863-4186180., filed by Merrill Manufacturing Company. Notice of Dismissal for lack of Service deadline set for 10/8/2020. Rule 16 Notice of Dismissal set for 10/8/2020. (Attachments: #1 Exhibit Exhibit A - US D881817, #2 Exhibit Exhibit B - MTB trade dress, #3 Exhibit Exhibit C - infringing trade dress, #4 Exhibit Exhibit D - Defendant web page)(Trout, Brett) [Transferred from Iowa Southern on 9/23/2020.]

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Plaintiff: Merrill Manufacturing Company
Represented By: Brett J. Trout
Represented By: Martha Logan Decker
Represented By: Steven G. Hill
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Defendant: Simmons Manufacturing Company
Represented By: Stephen Luke Anderson
Represented By: Timothy J. Zarley
Represented By: Joshua J. Conley
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