Rockwell Automation, Inc. v. EU Automation, Inc. et al
| Rockwell Automation, Inc. |
| EU Automation, Inc. and EU Automation America Ltd. |
| 1:2022cv06044 |
| November 2, 2022 |
| US District Court for the Northern District of Illinois |
| Andrea R Wood |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
Docket Report
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| Filing 46 MAILED Rule 83.15 to counsel of record. (gcy, ) |
| Filing 45 RECEIVED from Delaware; Case Number 1:21-cv-01162 (gcy) |
| Case electronically transferred to the United States District Court for the Northern District of Illinois. (dlw) [Transferred from Delaware on 11/2/2022.] |
Filing 44
ORDER re #43 Memorandum Opinion - IT IS HEREBY ORDERED that EU Automation, Inc.'s Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(a) (D.I. 32) is GRANTED. The Clerk of Court is directed to TRANSFER this action to the Northern District of Illinois. Signed by Judge Maryellen Noreika on 10/27/2022. (dlw) [Transferred from Delaware on 11/2/2022.]
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| Filing 43 MEMORANDUM OPINION. Signed by Judge Maryellen Noreika on 10/27/2022. (dlw) [Transferred from Delaware on 11/2/2022.] |
| Filing 42 NOTICE OF SERVICE of (i) Defendant EU Automation, Inc.'s Response to Plaintiff's First Set of Interrogatories and (ii) Defendant EU Automation, Inc.'s Response to Plaintiff's First Set of Requests for Production of Documents filed by EU Automation, Inc..(Farnan, Brian) [Transferred from Delaware on 11/2/2022.] |
| Filing 41 REPLY BRIEF re #32 MOTION to Transfer Case to Northern District of Illinois filed by EU Automation, Inc.. (Farnan, Brian) [Transferred from Delaware on 11/2/2022.] |
| Filing 40 DECLARATION of Neal Mclaughlin re #39 Answering Brief in Opposition by Rockwell Automation, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gattuso, Dominick) Modified on 10/6/2022 (dlw). [Transferred from Delaware on 11/2/2022.] |
| Filing 39 ANSWERING BRIEF in Opposition re #32 MOTION to Transfer Case to Northern District of Illinois filed by Rockwell Automation, Inc..Reply Brief due date per Local Rules is 10/13/2022. (Gattuso, Dominick) [Transferred from Delaware on 11/2/2022.] |
| Filing 38 Letter to The Honorable Maryellen Noreika from Dominick T. Gattuso, Esquire regarding Proposed Scheduling Order - re 31 Oral Order,,. (Attachments: #1 Text of Proposed Order [Proposed] Order)(Gattuso, Dominick) [Transferred from Delaware on 11/2/2022.] |
| Filing 37 NOTICE OF SERVICE of (i) EU Automation, Inc.'s First Set of Interrogatories; (ii) EU Automation, Inc.'s First Requests for the Production of Documents, and (iii) EU Automation, Inc.'s First Requests for Admission filed by EU Automation, Inc..(Farnan, Brian) [Transferred from Delaware on 11/2/2022.] |
| Filing 36 ANSWER to #30 Answer to Complaint, Counterclaim by Rockwell Automation, Inc. (Gattuso, Dominick) Modified on 9/23/2022 (dlw). [Transferred from Delaware on 11/2/2022.] |
| Filing 35 NOTICE OF SERVICE of (i) Rockwell's First Set of Interrogatories to Defendant EU Automation, Inc.; and, (ii) Rockwell's First Set of Requests for Production of Documents and Things and Requests for Inspection to Defendant EU Automation, Inc. filed by Rockwell Automation, Inc..(Gattuso, Dominick) [Transferred from Delaware on 11/2/2022.] |
| Filing 34 DECLARATION of Claudia Jarrett re #33 Opening Brief in Support by EU Automation, Inc. (Farnan, Brian) Modified on 9/23/2022 (dlw). [Transferred from Delaware on 11/2/2022.] |
| Filing 33 OPENING BRIEF in Support re #32 MOTION to Transfer Case to Northern District of Illinois filed by EU Automation, Inc..Answering Brief/Response due date per Local Rules is 10/6/2022. (Farnan, Brian) [Transferred from Delaware on 11/2/2022.] |
| Filing 32 MOTION to Transfer Case to Northern District of Illinois - filed by EU Automation, Inc.. (Attachments: #1 Rule 7.1.1 Certification)(Farnan, Brian) [Transferred from Delaware on 11/2/2022.] |
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Filing 31
ORAL ORDER - IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, including a proposal for the length and timing of trial, to the Court no later than thirty (30) days from the date of this Order. The parties are to use the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms). If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 9/6/2022. (dlw) [Transferred from Delaware on 11/2/2022.]
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| Filing 30 ANSWER to #1 Complaint, , COUNTERCLAIM against Rockwell Automation, Inc. by EU Automation, Inc..(Farnan, Brian) [Transferred from Delaware on 11/2/2022.] |
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Filing 29
ORDER re #28 Memorandum Opinion - IT IS HEREBY ORDERED that: 1. Defendant EU Automation, Inc.'s Limited Objection to Report and Recommendation Pursuant to Fed. R. Civ. P. 72(b) (D.I. 26) is OVERRULED; 2. The Report and Recommendation (D.I. 25) is ADOPTED; 3. Defendants' Motion to Dismiss (D.I. 15) ("the Motion") is GRANTED-IN-PART and DENIED-IN-PART; 4. The Motion is GRANTED as to EU Automation America Ltd. and the Complaint is DISMISSED as to this Defendant; 5. The Motion is DENIED as to EU Automation, Inc; and 6. Plaintiff's request for jurisdictional discovery is DENIED. Signed by Judge Maryellen Noreika on 8/19/2022. (dlw) [Transferred from Delaware on 11/2/2022.]
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| Filing 28 MEMORANDUM OPINION. Signed by Judge Maryellen Noreika on 8/19/2022. (dlw) [Transferred from Delaware on 11/2/2022.] |
| CORRECTING ENTRY: D.I. 27 has been deleted from the docket and re-docketed using the proper event code - Response to Objections. (dlw) [Transferred from Delaware on 11/2/2022.] |
| Filing 27 RESPONSE TO OBJECTIONS by EU Automation America Ltd., EU Automation, Inc. re #26 Objection to Report and Recommendations. (dlw) [Transferred from Delaware on 11/2/2022.] |
| Filing 26 OBJECTION to #25 Report and Recommendations by EU Automation, Inc.. (Attachments: #1 Certification Pursuant to Standing Order for Objections Filed under Fed. R. Civ. P. 72)(Farnan, Michael) [Transferred from Delaware on 11/2/2022.] |
| Filing 25 REPORT AND RECOMMENDATIONS re #15 MOTION to Dismiss for Improper Venue MOTION to Dismiss for Lack of Jurisdiction Over the Person filed by EU Automation, Inc., EU Automation America Ltd. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 6/21/2022. Signed by Judge Mary Pat Thynge on 6/6/2022. (dat) [Transferred from Delaware on 11/2/2022.] |
| Filing 24 Letter to The Honorable Maryellen Noreika from Dominick T. Gattuso, Esquire - re #23 Order Referring Motion,,. (Gattuso, Dominick) [Transferred from Delaware on 11/2/2022.] |
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Filing 23
ORAL ORDER REFERRING #15 MOTION to Dismiss for Improper Venue; MOTION to Dismiss for Lack of Jurisdiction Over the Person - IT IS HEREBY ORDERED that the motion to dismiss is REFERRED to Judge Mary Pat Thynge. The Court requests that the parties consider consenting to Judge Thynge's jurisdiction over the motion. Thus, IT IS FURTHER ORDERED that, should the parties consent to Judge Thynge's jurisdiction over the motion, they should complete the attached form and submit it to the Clerk's Office. If the parties do not consent to Judge Thynge's jurisdiction, they shall file a letter stating such no later than 2/14/2022. ORDERED by Judge Maryellen Noreika on 1/31/2022. Motions referred to Mary Pat Thynge. (dlw) [Transferred from Delaware on 11/2/2022.]
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| Filing 22 REPLY BRIEF re #15 MOTION to Dismiss for Improper Venue MOTION to Dismiss for Lack of Jurisdiction Over the Person filed by EU Automation America Ltd., EU Automation, Inc.. (Farnan, Michael) [Transferred from Delaware on 11/2/2022.] |
| Filing 21 DECLARATION of Neal J. Mclaughlin re #20 Answering Brief in Opposition by Rockwell Automation, Inc. (Attachments: #1 Exhibit A-E)(Gattuso, Dominick) Modified on 11/22/2021 (dlw). [Transferred from Delaware on 11/2/2022.] |
| Filing 20 ANSWERING BRIEF in Opposition re #15 MOTION to Dismiss for Improper Venue; MOTION to Dismiss for Lack of Jurisdiction Over the Person filed by Rockwell Automation, Inc. Reply Brief due date per #19 Stipulation and Order is 12/10/2021. (Gattuso, Dominick) Modified on 11/22/2021 (dlw). [Transferred from Delaware on 11/2/2022.] |
| Filing 19 STIPULATION TO EXTEND TIME Motion to Dismiss Briefing to (See Stipulation) - filed by Rockwell Automation, Inc.. (Gattuso, Dominick) [Transferred from Delaware on 11/2/2022.] |
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SO ORDERED re #19 STIPULATION TO EXTEND TIME for Motion to Dismiss Briefing (Set Briefing Schedule: re #15 MOTION to Dismiss for Improper Venue; MOTION to Dismiss for Lack of Jurisdiction Over the Person - Answering Brief due 11/19/2021. Reply Brief due 12/10/2021). ORDERED by Judge Maryellen Noreika on 10/28/2021. (dlw) [Transferred from Delaware on 11/2/2022.]
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| CORRECTING ENTRY: D.I. 16 has been replaced on the docket at the request of counsel. (dlw) [Transferred from Delaware on 11/2/2022.] |
| Filing 18 DECLARATION of Jonathan Wilkins re #16 Opening Brief in Support by EU Automation America Ltd., EU Automation, Inc. (Farnan, Michael) Modified on 10/22/2021 (dlw). [Transferred from Delaware on 11/2/2022.] |
| Filing 17 DECLARATION of Claudia Jarrett re #16 Opening Brief in Support by EU Automation America Ltd., EU Automation, Inc. (Attachments: #1 Exhibit A)(Farnan, Michael) Modified on 10/22/2021 (dlw). [Transferred from Delaware on 11/2/2022.] |
| Filing 16 OPENING BRIEF in Support re #15 MOTION to Dismiss for Improper Venue MOTION to Dismiss for Lack of Jurisdiction Over the Person filed by EU Automation America Ltd., EU Automation, Inc..Answering Brief/Response due date per Local Rules is 11/5/2021. (Farnan, Michael) (Main Document 16 replaced on 10/25/2021) (dlw). [Transferred from Delaware on 11/2/2022.] |
| Filing 15 MOTION to Dismiss for Improper Venue , MOTION to Dismiss for Lack of Jurisdiction Over the Person - filed by EU Automation America Ltd., EU Automation, Inc.. (Farnan, Michael) [Transferred from Delaware on 11/2/2022.] |
| Pro Hac Vice Attorneys Jeremy A. Cohen,Jeremy Schachter,Edward F. Maluf, and Owen Wolfe for EU Automation America Ltd. and EU Automation, 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. (srs) [Transferred from Delaware on 11/2/2022.] |
| Filing 14 MOTION for Pro Hac Vice Appearance of Attorney Edward F. Maluf, Jeremy A. Cohen, Jeremy Schachter, and Owen R. Wolfe - filed by EU Automation America Ltd., EU Automation, Inc.. (Farnan, Michael) [Transferred from Delaware on 11/2/2022.] |
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SO ORDERED re #14 MOTION for Pro Hac Vice Appearance of Attorney Edward F. Maluf, Jeremy A. Cohen, Jeremy Schachter, and Owen R. Wolfe filed by EU Automation, Inc., EU Automation America Ltd. ORDERED by Judge Maryellen Noreika on 9/16/2021. (dlw) [Transferred from Delaware on 11/2/2022.]
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| Filing 13 STIPULATION TO EXTEND TIME for Defendants to answer, move, or otherwise respond to the Complaint to 10/22/2021 - filed by EU Automation America Ltd., EU Automation, Inc.. (Farnan, Michael) [Transferred from Delaware on 11/2/2022.] |
| Filing 12 NOTICE of Appearance by Michael J. Farnan on behalf of EU Automation America Ltd., EU Automation, Inc. (Farnan, Michael) [Transferred from Delaware on 11/2/2022.] |
| Filing 11 NOTICE of Appearance by Brian E. Farnan on behalf of EU Automation America Ltd., EU Automation, Inc. (Farnan, Brian) [Transferred from Delaware on 11/2/2022.] |
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SO ORDERED re #13 STIPULATION TO EXTEND TIME for Defendants to answer, move, or otherwise respond to the Complaint to 10/22/2021 (Set/Reset Answer Deadlines: EU Automation America Ltd. answer due 10/22/2021; EU Automation, Inc. answer due 10/22/2021). ORDERED by Judge Maryellen Noreika on 9/15/2021. (dlw) [Transferred from Delaware on 11/2/2022.]
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| Filing 10 SUMMONS Returned Executed by Rockwell Automation, Inc.. EU Automation, Inc. served on 8/30/2021, answer due 9/20/2021. (Gattuso, Dominick) [Transferred from Delaware on 11/2/2022.] |
| Filing 9 MOTION for Pro Hac Vice Appearance of Attorney Paul Tanck and Neal J. McLaughlin of Alston & Bird LLP - filed by Rockwell Automation, Inc.. (Gattuso, Dominick) [Transferred from Delaware on 11/2/2022.] |
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SO ORDERED re #9 MOTION for Pro Hac Vice Appearance of Attorney Paul Tanck and Neal J. McLaughlin of Alston & Bird LLP filed by Rockwell Automation, Inc. ORDERED by Judge Maryellen Noreika on 8/31/2021. (dlw) [Transferred from Delaware on 11/2/2022.]
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| Pro Hac Vice Attorneys Neal J. McLaughlin and Paul J. Tanck for Rockwell Automation, 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. (srs) [Transferred from Delaware on 11/2/2022.] |
| Filing 8 Postal Receipt(s) for the mailing of process to EU Automation America Ltd. (twk) [Transferred from Delaware on 11/2/2022.] |
| Filing 7 PRAECIPE filed by Dominick T. Gattuso on behalf of Rockwell Automation, Inc. requesting Clerk to issue (Gattuso, Dominick) [Transferred from Delaware on 11/2/2022.] |
| Filing 6 DECLARATION of Neal J. Mclaughlin re #5 Letter by Rockwell Automation, Inc. (Gattuso, Dominick) Modified on 8/27/2021 (dlw). [Transferred from Delaware on 11/2/2022.] |
| Filing 5 Letter to Mr. John A. Cerino, Clerk of Court from Dominick T. Gattuso, Esquire regarding Service of Process re: EU Automation America Ltd.,. (Gattuso, Dominick) [Transferred from Delaware on 11/2/2022.] |
| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) [Transferred from Delaware on 11/2/2022.] |
| Filing 4 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Rockwell Automation, Inc.. (mal) [Transferred from Delaware on 11/2/2022.] |
| Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) see attached. (Attachments: #1 Additional Patent Report)(mal) [Transferred from Delaware on 11/2/2022.] |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mal) [Transferred from Delaware on 11/2/2022.] |
| Filing 1 COMPLAINT filed with Jury Demand against EU Automation America Ltd., EU Automation, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3676438.) - filed by Rockwell Automation, Inc.. (Attachments: #1 Exhibit 1-10, #2 Civil Cover Sheet)(mal) [Transferred from Delaware on 11/2/2022.] |
| No Summons Issued. (mal) [Transferred from Delaware on 11/2/2022.] |
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