E-Z DOCK, INC. v. SNAP DOCK, LLC
| E-Z DOCK, INC. |
| SNAP DOCK, LLC |
| 1:2021cv02761 |
| November 2, 2021 |
| US District Court for the Southern District of Indiana |
| Debra McVicker Lynch |
| Tanya Walton Pratt |
| Patent |
| 35 U.S.C. § 271 |
| Both |
Docket Report
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Filing 56
REPLY in Support of Motion re #42 MOTION to Strike #21 Answer to Amended ComplaintCounterclaim AFFIRMATIVE DEFENSES , filed by Plaintiff E-Z DOCK, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bianco, Brian)
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Filing 55
ORDER GRANTING #53 MOTION TO WITHDRAW - This matter has come before this Court upon Defendant's Motion to Withdraw Defendant's Motion to Dismiss and Brief in Support Thereof (Dkt. #50 , #51 ). The Court, being duly advised, now GRANTS said Motion. IT IS THEREFORE ORDERED that Defendant's Motion to Dismiss and Brief in Support Thereof (Dkt. #50 , #51 ) are WITHDRAWN, without prejudice, from the Court's Docket. Signed by Judge Tanya Walton Pratt on 12/27/2021. (AKH)
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Filing 54
BRIEF/MEMORANDUM in Support re #53 MOTION to Withdraw #51 Brief/Memorandum in Support, #50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [PLAINTIFF'S FIRST AMENDED COMPLAINT] , filed by Defendant SNAP DOCK, LLC. (Lueders, Daniel)
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Filing 53
MOTION to Withdraw #51 Brief/Memorandum in Support, #50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [PLAINTIFF'S FIRST AMENDED COMPLAINT] , filed by Defendant SNAP DOCK, LLC. (Attachments: #1 Text of Proposed Order)(Lueders, Daniel)
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Filing 52
RESPONSE in Opposition re #42 MOTION to Strike #21 Answer to Amended ComplaintCounterclaim AFFIRMATIVE DEFENSES , filed by Defendant SNAP DOCK, LLC. (Lueders, Daniel)
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Filing 51
***WITHDRAWN at DKT. #55 *** BRIEF/MEMORANDUM in Support re #50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [PLAINTIFF'S FIRST AMENDED COMPLAINT] , filed by Defendant SNAP DOCK, LLC. (Lueders, Daniel) Modified on 12/28/2021 (AKH).
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Filing 50
***WITHDRAWN at DKT. #55 *** MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [PLAINTIFF'S FIRST AMENDED COMPLAINT], filed by Defendant SNAP DOCK, LLC. (Lueders, Daniel) Modified on 12/28/2021 (AKH).
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Filing 49
SCHEDULING ORDER: Settlement Conference set for 2/25/2022 at 09:30 AM (Eastern Time) in Telephonic before Magistrate Judge Debra McVicker Lynch. The court will contact counsel by separate email through the court's electronic filing system with the call-in information to be used to participate in the conference. On or before three business days before the conference, the parties shall submit (not file) a confidential settlement statement. (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 12/15/2021. (MAC)
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Filing 48
SCHEDULING ORDER: Status Conference set for 2/1/2022 at 10:30 AM (Eastern Time) in Telephonic before Magistrate Judge Debra McVicker Lynch. The court will contact counsel by separate email through the court's electronic filing system with the call-in information to be used to participate in the conference. Signed by Magistrate Judge Debra McVicker Lynch on 12/15/2021. (MAC)
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Filing 47
ORDER Regarding Discovery Disputes. See Order. Signed by Magistrate Judge Debra McVicker Lynch on 12/9/2021.(SWM)
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Filing 46
ORDER: PATENT CASE MANAGEMENT PLAN Approved and So Ordered. Dispositive Motions due by 4/3/2023. Signed by Magistrate Judge Debra McVicker Lynch on 12/9/2021.(SWM)
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Filing 45
ENTRY and ORDER from Initial Pretrial Conference - The parties, by counsel, appeared for an initial pretrial conference on December 9, 2021, with the magistrate judge. The case management plan submitted in this case is approved as modified by the magistrate judge in the margins of the case management plan. The court adopts the defendant's proposed deadline in section IV.E. of the CMP. (AKW)
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Filing 43
NOTICE of Answer in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 Answer) (AKH)
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Filing 42
MOTION to Strike #21 Answer to Amended ComplaintCounterclaim AFFIRMATIVE DEFENSES, filed by Plaintiff E-Z DOCK, INC.. (Attachments: #1 Memorandum in Support)(Bianco, Brian)
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Filing 41
ANSWER to #21 Answer to Amended ComplaintCounterclaim & AFFIRMATIVE DEFENSE, filed by E-Z DOCK, INC.. (Attachments: #1 Exhibit A)(Bianco, Brian)
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Filing 40
JOINT PROPOSED PATENT CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff E-Z DOCK, INC. . (Bianco, Brian)
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Filing 39
ENTRY FOLLOWING POSITION STATEMENTS - On October 29, 2021, this case was transferred to this District Court from the Middle District of Florida, and in accordance with Local Rule 16-2, the parties have filed their position statements. (Filing No. #36 , Filing No. #37 .) The Court ORDERS the following based on the position statements regarding what actions the Court should take next in this case: 1.The parties shall meet with the Magistrate Judge as scheduled on December 9,2021 for their initial pretrial conference which shall include submission of the proposed Case Management Plan. 2.The Court directs the parties to schedule a settlement conference with the Magistrate Judge. 3. Any pending motion and its supporting documents must be re-filed in this action as previously ordered in Dkt. #16 . There being no other immediate action for the Court to take, the directions above are, SO ORDERED. Signed by Judge Tanya Walton Pratt on 12/1/2021.(AKH)
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Filing 38
Corporate Disclosure Statement by E-Z DOCK, INC. identifying Corporate Parent PlayPower, Inc. for E-Z DOCK, INC... (Bianco, Brian)
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Filing 37
Statement Pursuant to Local Rule 16-2 by E-Z DOCK, INC.. (Bianco, Brian)
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Filing 36
Submission :Local Rule 16-2 Position Statement, filed by Defendant SNAP DOCK, LLC. (Leach, Thomas)
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Filing 35
ORDER GRANTING #32 MOTION TO WITHDRAW - This matter has come before this Court upon the Motion to Withdraw Appearance of Ury Fischer and the firm Lott & Fischer, PL. The Court, being duly advised, now GRANTS said Motion. IT IS THEREFORE ORDERED that the appearance of Ury Fischer and the firm Lott & Fischer, PL is withdrawn. Copies sent pursuant to distribution list. Signed by Judge Tanya Walton Pratt on 11/18/2021. (AKH)
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Filing 34
SCHEDULING ORDER: Initial Pretrial Conference set for 12/9/2021 09:30 AM (Eastern Time) in Telephonic before Magistrate Judge Debra McVicker Lynch. The court will contact counsel by separate email through the court's electronic filing system with the call-in information to be used to participate in the conference. Read this entire order carefully; it sets out the court's expectations for the conference. Copy to Alejandro J. Fernandez and Ury Fischer via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 11/17/2021.(SWM)
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Filing 33
ORDER granting #27 Motion to Appear pro hac vice. Attorney Joseph W. Dubis for SNAP DOCK, LLC added. Copy to Alejandro J. Fernandez and Ury Fischer via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 11/17/2021. (SWM)
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Filing 32
MOTION to Withdraw Attorney Appearance, filed by Defendant SNAP DOCK, LLC. (Attachments: #1 Text of Proposed Order)(AKH)
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Filing 31
ORDER granting #26 Motion to Appear pro hac vice. Attorney Thomas J. Leach for SNAP DOCK, LLC added. Copy to Alejandro J. Fernandez and Ury Fischer via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 11/17/2021. (SWM)
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Filing 30
ORDER granting #25 Motion to Appear pro hac vice. Attorney Anthony Richard Zeuli for SNAP DOCK, LLC added. Copy to Alejandro J. Fernandez and Ury Fischer via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 11/17/2021. (SWM)
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Filing 29
ORDER granting #24 Motion to Appear pro hac vice. Attorney Alejandro J. Fernandez for E-Z DOCK, INC. added. The court FURTHER ORDERS that Alejandro J. Fernandez register as a user of the court's electronic case filing system by December 1, 2021. Failure to register could result in the revocation of his admission pro hac vice. Copy to Alejandro J. Fernandez and Ury Fischer via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 11/17/2021. (SWM)
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Filing 28
NOTICE of Manual Filing of Motion to Withdraw Appearance by Ury Fischer and the firm Lott & Fischer, PL and Proposed Order re #16 Order,,,, filed by All Defendants (Attachments: #1 Exhibit 1 - Motion to Withdraw Appearance by Ury Fischer and the firm Lott & Fischer, PL, #2 Text of Proposed Order) (Lueders, Daniel)
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Filing 27
MOTION for Attorney(s) Joseph W. Dubis to Appear pro hac vice (Filing fee $100, receipt number AINSDC-6845099), filed by Counter Claimant SNAP DOCK, LLC, Defendant SNAP DOCK, LLC. (Attachments: #1 Text of Proposed Order)(Dubis, Joseph)
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Filing 26
MOTION for Attorney(s) Thomas J. Leach to Appear pro hac vice (Filing fee $100, receipt number AINSDC-6845073), filed by Counter Claimant SNAP DOCK, LLC, Defendant SNAP DOCK, LLC. (Attachments: #1 Text of Proposed Order)(Leach, Thomas)
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Filing 25
MOTION for Attorney(s) Anthony R. Zeuli to Appear pro hac vice (Filing fee $100, receipt number AINSDC-6844967), filed by Counter Claimant SNAP DOCK, LLC, Defendant SNAP DOCK, LLC. (Attachments: #1 Text of Proposed Order)(Zeuli, Anthony)
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Filing 24
MOTION for Attorney(s) Alejandro J. Fernandez to Appear pro hac vice (Filing fee $100, receipt number AINSDC-6843288), filed by Plaintiff E-Z DOCK, INC.. (Attachments: #1 Exhibit A. Certification of Alejandro J. Fernandez, #2 Proposed Order)(Fullerton, Thomas)
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Filing 23
NOTICE of Appearance by Daniel James Lueders on behalf of Counter Defendant SNAP DOCK, LLC, Counter Claimant SNAP DOCK, LLC, Defendant SNAP DOCK, LLC. (Lueders, Daniel)
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Filing 22
Corporate Disclosure Statement by SNAP DOCK, LLC identifying Corporate Parent Security Paks International, LLC for SNAP DOCK, LLC.. (Meyer, Charles)
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Filing 21
ANSWER to #1 Amended Complaint, , COUNTERCLAIM AND DEMAND FOR JURY TRIAL against All Defendants, filed by All Defendants. (Attachments: #1 Exhibit 1 - true and correct copy of the '178 Patent, #2 Exhibit 2 - true and correct copy of Plaintiff Preliminary Infringement Contentions, #3 Exhibit 3 - true and correct copy of the '872 Patent)(Meyer, Charles)
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Filing 20
NOTICE of Appearance by Charles Johnson Meyer on behalf of Defendant SNAP DOCK, LLC. (Meyer, Charles)
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Filing 19
NOTICE of Initial Filing in lawsuit sent to Director of U.S. Patent and Trademark Office. Copies sent via US Mail. (Attachments: #1 Patent Amended Complaint for Transfer-In Case) (AKH)
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Filing 18
ORDER granting #12 Motion to Appear pro hac vice. Attorney Julia Renee Lissner for E-Z DOCK, INC. added. The court FURTHER ORDERS that Julia R. Lissner register as a user of the court's electronic case filing system by November 18, 2021. Failure to register could result in the revocation of her admission pro hac vice. Copies via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 11/5/2021. (SWM)
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Filing 17
ORDER granting #11 Motion to Appear pro hac vice. Attorney Brian C. Bianco for E-Z DOCK, INC. added. The court FURTHER ORDERS that Brian C. Bianco register as a user of the court's electronic case filing system by November 18, 2021. Failure to register could result in the revocation of his admission pro hac vice. Copies via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 11/5/2021. (SWM)
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Filing 16
ORDER - This matter was transferred from Florida, Middle District. In accordance with Local Rule 16-2, parties shall file their position statement on or before November 23, 2021. Counsel shall promptly register as an electronic filing user with this Court's Electronic Case Filing System as required by Local Rule 5-3. Counsel shall also comply with Local Rule 83-7(b) if applicable (requiring attorney not admitted to practice before this court to comply with Local Rule 83.5 or withdraw appearance within 21 days of case being transferred). Additionally, any pending motions shall be refiled in this matter no later than November 23, 2021. Copies sent pursuant to distribution list. Signed by Judge Tanya Walton Pratt on 11/4/2021. (AKH)
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Filing 15
RECEIPT #IP076628 for pro hac vice fees in the amount of $200.00, paid by Scott Popp via credit card for #11 Motion for Brian C. Bianco to Appear Pro Hac Vice, and #12 Motion for Julia R. Lissner to Appear Pro Hac Vice. (DJH)
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Filing 14
Submission of Signature Requirement re #12 MOTION for Attorney(s) Julia R.Lissner to Appear pro hac vice (No fee paid with this filing) by E-Z DOCK, INC.. (Fullerton, Thomas)
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Filing 13
Submission of Signature Requirement re #11 MOTION for Attorney(s) Brian C. BIanco to Appear pro hac vice (No fee paid with this filing) by E-Z DOCK, INC.. (Fullerton, Thomas)
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Filing 12
MOTION for Attorney(s) Julia R.Lissner to Appear pro hac vice (No fee paid with this filing), filed by Plaintiff E-Z DOCK, INC.. (Attachments: #1 Exhibit A. Certificate of Julia R. Lissner, #2 Proposed Order)(Fullerton, Thomas)
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Filing 11
MOTION for Attorney(s) Brian C. BIanco to Appear pro hac vice (No fee paid with this filing), filed by Plaintiff E-Z DOCK, INC.. (Attachments: #1 Exhibit A. Brian C. Bianco, #2 Proposed Order)(Fullerton, Thomas)
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Filing 10
NOTICE of Appearance by Thomas B Fullerton on behalf of Plaintiff E-Z DOCK, INC.. (Fullerton, Thomas)
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Filing 9
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH)
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Filing 8
Case transferred in from District of Florida Middle; Case Number 2:21-cv-00805. Original file copy of transfer order and docket sheet received.
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Filing 7
ORDERED: Defendants Snap Dock, LLC and Golden Manufacturing, Inc.'s Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(3) and 12(b)(6) is DENIED in part. EZ Dock's patent-infringement claim (Count II) against Snap Dock is severed from this action. The Clerk is DIRECTED to open a new case with EZ Dock as the Plaintiff and Snap Dock as the Defendant (Golden will not be a party) and docket the following filings in the new case: a.EZ Dock's First Amended Complaint (Doc. 26)b.Snap Dock's Motion to Dismiss (Doc. 28)c.EZ Dock's Response (Doc. 35)d.Snap Dock's Reply (Doc. 40)e.The Court's October 12, 2021 Order (Doc. 41)f.The parties' Joint Report (Doc. 42)g. This Order. The Clerk is FURTHER DIRECTED to transfer the new case to the Indianapolis Division of the United States District Court for the Southern District of Indiana, then close the new case. Defendants must answer the First Amended Complaint on or before November 11, 2021. Signed by Judge Sheri Polster Chappell on 10/28/2021. (Originally filed as Docket Number 43, in case number 2:21-cv-00450-SPC-NPM on 10/28/2021.)(SPB) [Transferred from Florida Middle on 11/2/2021.]
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Filing 6
JOINT STATUS report, pursuant to #5 Order by Snap Dock, LLC, E-Z Dock, Inc. (SPB) (Originally filed as Docket Number 42, in case number 2:21-cv-00450-SPC-NPM on 10/22/2021.) [Transferred from Florida Middle on 11/2/2021.]
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Filing 5
ORDERED: Defendants Snap Dock, LLC and Golden Manufacturing, Inc.'s Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(3) and 12(b)(6) (Doc. #2 ) is DENIED in part. The Court takes Defendants' arguments on Count 2 under advisement. The parties shall confer and, within 14 days of the date of this Order, file a joint report (a) identifying the district where EZ Dock's patent infringement claim against Snap Dock should be transferred and (b) stating whether EZ Dock's patent infringement claim against Golden can also be transferred to that district. Signed by Judge Sheri Polster Chappell on 10/09/2021. (SPB) (Originally filed as Docket Number 41, in case number 2:21-cv-00450-SPC-NPM on 10/9/2021.) [Transferred from Florida Middle on 11/2/2021.]
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Filing 4
REPLY to Response to Motion re #2 MOTION to Dismiss for Failure to State a Claim filed by Snap Dock, LLC. (SPB) (Originally filed as Docket Number 40, in case number 2:21-cv-00450-SPC-NPM on 9/27/2021.) [Transferred from Florida Middle on 11/2/2021.]
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Filing 3
RESPONSE in Opposition re #2 MOTION to Dismiss for Failure to State a Claim filed by E-Z Dock, Inc. (SPB) (Originally filed as Docket Number 35, in case number 2:21-cv-00450-SPC-NPM on 9/14/2021.) [Transferred from Florida Middle on 11/2/2021.]
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Filing 2
MOTION to Dismiss for Failure to State a Claim by Snap Dock, LLC. (Attachments: #1 Exhibit, #2 Affidavit Declaration of Blake Elder)(SPB)(Originally filed as Docket Number 28, in case number 2:21-cv-00450-SPC-NPM on 8/24/2021.) [Transferred from Florida Middle on 11/2/2021.]
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Filing 1
FIRST AMENDED COMPLAINT against Snap Dock, LLC with Jury Demand filed by E-Z Dock, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I) (SPB) (Originally filed as Docket Number 26, in case number 2:21-cv-00450-SPC-NPM on 8/10/2021.) [Transferred from Florida Middle on 11/2/2021.]
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