Banyan Licensing L.L.C. et al v. Menard Inc.
Plaintiff: Banyan Licensing L.L.C. and Contour Products, Inc.
Defendant: Menard Inc.
Case Number: 4:2020cv00018
Filed: January 29, 2020
Court: US District Court for the Western District of Kentucky
Presiding Judge: Benjamin Beaton
Referring Judge: H Brent Brennenstuhl
2 Judge: Joseph H McKinley
Nature of Suit: Patent
Cause of Action: 15 U.S.C. § 1126
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 6, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 6, 2021 Opinion or Order Filing 27 STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE by Judge Benjamin Beaton on 1/6/2021: All of Plaintiffs' claims in this action are dismissed with prejudice against Defendant, pursuant to Fed. R. Civ. P. 41, without costs or attorney fees to any party. cc: counsel (JM)
January 4, 2021 Filing 26 STIPULATION of Dismissal with Prejudice by Menard Inc.. (Sullivan, R.)
December 28, 2020 Opinion or Order Filing 25 TEXT ORDER by Judge Benjamin Beaton on 12/28/2020; Under 28 U.S.C. 636(b)(1)(A), the Court REFERS this matter to U.S. Magistrate Judge H. Brent Brennenstuhl for hearing and determining all pretrial matters, including non-dispositive motions. Judge Brennenstuhl may conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: counsel (JM)
December 8, 2020 Opinion or Order Filing 24 TEXT ORDER OF REASSIGNMENT by Chief Judge Greg N. Stivers on 12/8/2020; IT IS HEREBY ORDERED that, pursuant to GO 20-26, this matter is reassigned to the docket of Judge Benjamin Beaton for all further proceedings. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (DJT)
July 8, 2020 Opinion or Order Filing 23 PROTECTIVE ORDER signed by Magistrate Judge H. Brent Brennenstuhl on 7/8/20 ; granting #22 Proposed Agreed Order cc: Counsel(DJT)
July 6, 2020 Filing 22 Proposed Agreed Order (Protective Order) (Attachments: #1 Exhibit A - Acknowlegment & Agreement) by Menard Inc.. (Sullivan, R.)
May 14, 2020 Opinion or Order Filing 21 SCHEDULING ORDER from proceedings held before Magistrate Judge H. Brent Brennenstuhl; Telephonic Scheduling Conference held on 5/12/2020: Amended Pleadings & Joinder of Parties due by 7/10/2020. Daubert & Dispositive Motions due by 3/1/2021. Discovery Depositions due by 2/1/2021. Expert Witness due by 11/6/2020. Rebuttal Expert Witness due by 12/18/2020. Pretrial Fact Discovery due by 2/1/2021. Rule 26(a)(1) Disclosure due by 5/15/2020. Telephonic Status Conference set for 2/8/2021 at 10:00 AM before Magistrate Judge H. Brent Brennenstuhl. cc:counsel (DJT)
May 5, 2020 Filing 20 Joint REPORT of Rule 26(f) Planning Meeting by Banyan Licensing L.L.C., Contour Products, Inc.. (Cox, John)
April 28, 2020 Filing 19 Corporate Disclosure Statement by Menard Inc.. (Sullivan, R.)
April 1, 2020 Opinion or Order Filing 18 ORDER (EBOC) by Senior Judge Joseph H. McKinley, Jr. on 4/1/20; Rule 26(a)(1) Disclosure due by 4/22/2020. Rule 26 Meeting Report due by 5/6/2020. Telephone Conference set for 5/12/2020 09:30 AM in Teleconference before Magistrate Judge H. Brent Brennenstuhl.cc: Counsel, CM-HBB (DJT)
March 30, 2020 Filing 17 ANSWER to #1 Complaint, by Menard Inc.. (Sullivan, R.)
March 18, 2020 Opinion or Order Filing 16 ORDER FOR ADMISSION PRO HAC VICE signed by Magistrate Judge H. Brent Brennenstuhl on 3/18/20; granting #15 Motion to Appear Pro Hac Vice as to John M. Mueller. cc: Counsel(DJT)
March 17, 2020 Filing 15 MOTION for John Mueller to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3066353. by Defendant Menard Inc. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order) (Sullivan, R.)
March 2, 2020 Opinion or Order Filing 14 AGREED ORDER OF EXTENSION TO RESPOND TO COMPLAINT signed by Magistrate Judge H. Brent Brennenstuhl on 2/27/20 granting #13 Proposed Agreed Order cc: Counsel(DJT)
February 26, 2020 Filing 13 Proposed Agreed Order Extending Time to serve Answer to Complaint by Menard Inc. by Menard Inc.. (Sullivan, R.)
February 26, 2020 Filing 12 NOTICE of Appearance by R. Michael Sullivan on behalf of Menard Inc. (Sullivan, R.)
February 20, 2020 Opinion or Order Filing 11 ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE FOR J. MARK WILSON signed by Magistrate Judge H. Brent Brennenstuhl on 2/20/20; granting #10 Motion to Appear Pro Hac Vice cc: Counsel(DJT)
February 13, 2020 Filing 10 MOTION for J. Mark Wilson to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3042535. by Plaintiffs Banyan Licensing L.L.C., Contour Products, Inc. (Attachments: #1 Exhibit Affidavit of J. Mark Wilson, #2 Exhibit Certificate of Good Standing, #3 Proposed Order) (Cox, John)
February 13, 2020 ***Answer Date Set to: 2/27/2020 (EAS)
February 12, 2020 Filing 9 Return of Service Executed/Unexecuted as to Menard, Inc.. (Cox, John)
January 30, 2020 Filing 8 Request for Fee Refund by Banyan Licensing L.L.C., Contour Products, Inc.. (Cox, John)
January 30, 2020 Filing 7 ATTORNEY NOTICE of Deficiency to J. Mark Wilson re #1 Complaint.Reason for Deficiency: motion to appear pro hac vice not filed. Failure to comply will be brought to the attention of the Court. Response due by 2/17/2020. (KJA)
January 30, 2020 Filing 6 Corporate Disclosure Statement by Banyan Licensing L.L.C., Contour Products, Inc.. (Cox, John)
January 29, 2020 Opinion or Order Filing 5 TEXT ORDER by Senior Judge Joseph H. McKinley, Jr. on 1/29/20: This action is hereby REFERRED to the Honorable H. BRENT BRENNENSTUHL, United States Magistrate Judge, for determination of non-dispositive matters pursuant to Title 28, U.S.C. 636(b)(1)(A).Said Magistrate is empowered to conduct any hearings necessary for their resolution. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (DJT)
January 29, 2020 Filing 4 NOTICE of Filing or Determination re:Patent or Trademark re #1 Complaint, (DJT)
January 29, 2020 Filing 3 Summons Issued as to Menard Inc.. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (DJT)
January 29, 2020 Filing 2 Case Assignment (Random Selection): Case Assigned to Senior Judge Joseph H. McKinley, Jr.. (DJT)
January 29, 2020 Filing 1 COMPLAINT against Menard Inc. Filing fee $ 400, receipt number 0644-3031492., filed by Banyan Licensing L.L.C., Contour Products, Inc.. (Attachments: #1 Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G) (DJT)

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Plaintiff: Banyan Licensing L.L.C.
Represented By: J. Mark Wilson
Represented By: John D. Cox
Represented By: Dylan R. Maschmeyer
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Plaintiff: Contour Products, Inc.
Represented By: J. Mark Wilson
Represented By: John D. Cox
Represented By: Dylan R. Maschmeyer
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Defendant: Menard Inc.
Represented By: R. Michael Sullivan
Represented By: John M Mueller
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