Boxout LLC v. Milliken Healthcare Products, LLC et al
| Boxout LLC doing business as Milliken Medical |
| Milliken Healthcare Products, LLC and Andover Healthcare, Inc. |
| Boxout LLC |
| 1:2023cv10068 |
| January 10, 2023 |
| US District Court for the District of Massachusetts |
| Leo T Sorokin |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Both |
Docket Report
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This docket was last retrieved on August 10, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 33 STIPULATION of Dismissal by Andover Healthcare, Inc., Milliken Healthcare Products, LLC. (Marshall, Christina) |
| Filing 32 REPORT ON THE TERMINATION OF AN ACTION REGARDING PATENT OR TRADEMARK. (Dore, Samantha) |
| Filing 31 District Judge Leo T. Sorokin: ORDER entered. 60 DAY SETTLEMENT ORDER OF DISMISSAL (Dore, Samantha) |
| Filing 30 STATUS REPORT re: Mediation and Settlement Status and Request a 60 Day NISI by Andover Healthcare, Inc., Milliken Healthcare Products, LLC. (Adler, Michael) |
| Filing 29 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re #28 Joint MOTION for Extension of Time to July 12, 2023 to File Response/Reply as to 25 MOTION to Dismiss COUNTERCLAIMS FOR FAILURE TO JOIN A PARTY UNDER RULE. ALLOWED. Responses due by 7/12/2023 (Belmont, Kellyann) |
| Filing 28 Joint MOTION for Extension of Time to July 12, 2023 to File Response/Reply as to #25 MOTION to Dismiss COUNTERCLAIMS FOR FAILURE TO JOIN A PARTY UNDER RULE 19(B) PURSUANT TO RULE 12(B)(7) by Andover Healthcare, Inc., Milliken Healthcare Products, LLC.(Marshall, Christina) |
| Filing 27 Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin: Scheduling Conference held on 6/27/2023. Parties have a continued mediation set for 7/6/23. Court hears the parties on their proposed schedules. It is likely plaintiff will file a dispositive motion. After hearing from the parties the Court orders that fact discovery may commence. The Court takes the issue of expedited discovery under advisement pending the outcome of the mediation. Parties to file a Joint Status Report re mediation by 7/10/2023. Court may schedule further Rule 16 Conference if necessary. (Court Reporter: Rachel Lopez at raeufp@gmail.com.)(Attorneys present: Christina Moser for plaintiff and Michael Adler and Christina Marshall for defendants) (Belmont, Kellyann) |
| Filing 26 JOINT STATEMENT re scheduling conference . (Attachments: #1 Plaintiff's Certification, #2 Defendants' Certification)(Moser, Christina) |
| Filing 25 MOTION to Dismiss COUNTERCLAIMS FOR FAILURE TO JOIN A PARTY UNDER RULE 19(B) PURSUANT TO RULE 12(B)(7) by Boxout LLC. (Attachments: #1 Affidavit Declaration of Christina J. Moser, #2 Exhibit A, South Carolina Entity Record, #3 Exhibit B, Massachusetts SOS Search Results)(Moser, Christina) |
| Filing 24 ELECTRONIC NOTICE OF RESCHEDULING: Scheduling Conference originally set for 4/26/2023 is reset for 6/27/2023 02:00 PM in Courtroom 13 (Remote only) before District Judge Leo T. Sorokin. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(Belmont, Kellyann) |
| Filing 23 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re #22 Joint MOTION to Stay Proceedings for a Limited Time by Boxout LLC. ALLOWED (Belmont, Kellyann) |
| Filing 22 Joint MOTION to Stay Proceedings for a Limited Time by Boxout LLC.(Moser, Christina) |
| Filing 21 ELECTRONIC NOTICE OF RESCHEDULING: Scheduling Conference set for 4/26/2023 02:30 PM in Courtroom 13 (Remote only) before District Judge Leo T. Sorokin. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Dore, Samantha) |
| Filing 20 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re #19 Joint MOTION for Extension of Time to April 17, 2023 to File Answer re 17 Answer to Complaint, Counterclaim. ALLOWED. (Dore, Samantha) |
| Filing 19 Joint MOTION for Extension of Time to April 17, 2023 to File Answer re #17 Answer to Complaint, Counterclaim by Boxout LLC.(Moser, Christina) |
| Filing 18 NOTICE of Scheduling Conference: Scheduling Conference set for 4/12/2023 02:30 PM in Courtroom 13 (Remote only) before District Judge Leo T. Sorokin.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Attachments: #1 Scheduling Order Sample, #2 Standing Order on Summary Judgment motions)(Belmont, Kellyann) |
| Filing 17 ANSWER to #1 Complaint,, with Jury Demand , COUNTERCLAIM against Boxout LLC by Andover Healthcare, Inc., Milliken Healthcare Products, LLC.(Adler, Michael) |
| Filing 16 NOTICE of Appearance by Michael Samuel Adler on behalf of Milliken Healthcare Products, LLC (Adler, Michael) |
| Filing 15 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting #14 Motion for Leave to Appear Pro Hac Vice Added Michael S. Adler. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account. You must put the docket number on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Dore, Samantha) |
| Filing 14 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Michael S. Adler Filing fee: $ 125, receipt number AMADC-9750626 by Andover Healthcare, Inc., Milliken Healthcare Products, LLC. (Attachments: #1 Exhibit A (Certification of Michael Adler))(Marshall, Christina) |
| Filing 13 District Judge Leo T. Sorokin: New Civil Cases General Procedural ORDER entered. (Dore, Samantha) |
| Filing 12 CORPORATE DISCLOSURE STATEMENT by Andover Healthcare, Inc., Milliken Healthcare Products, LLC. (Marshall, Christina) |
| Filing 11 NOTICE of Appearance by Christina S. Marshall on behalf of Andover Healthcare, Inc., Milliken Healthcare Products, LLC (Marshall, Christina) |
| Filing 10 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting #8 Motion for Leave to Appear Pro Hac Vice Added Christina J. Moser. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Dore, Samantha) |
| Filing 9 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting #7 Motion for Leave to Appear Pro Hac Vice Added Deborah A. Wilcox. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Dore, Samantha) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice for admission of Christina J. Moser Filing fee: $ 125, receipt number AMADC-9681343 by Boxout LLC. (Attachments: #1 Certification of Christina J. Moser)(Rollinson, James) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice for admission of Deborah A. Wilcox Filing fee: $ 125, receipt number AMADC-9681316 by Boxout LLC. (Attachments: #1 Certification of Deborah A. Wilcox)(Rollinson, James) |
| Filing 6 WAIVER OF SERVICE Returned Executed by Boxout LLC. Andover Healthcare, Inc. waiver sent on 1/10/2023, answer due 3/13/2023. (Rollinson, James) |
| Filing 5 WAIVER OF SERVICE Returned Executed by Boxout LLC. Milliken Healthcare Products, LLC waiver sent on 1/10/2023, answer due 3/13/2023. (Rollinson, James) |
| Filing 4 Summons Issued as to Andover Healthcare, Inc., Milliken Healthcare Products, LLC. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Pacho, Arnold) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Finn, Mary) |
| Filing 2 REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (Rollinson, James) |
| Filing 1 COMPLAINT for Willful Trademark Infringement against All Defendants Filing fee: $ 402, receipt number AMADC-9662397 (Fee Status: Filing Fee paid), filed by Boxout LLC dba Milliken Medical. (Attachments: #1 Exhibit A - Certificate of Registration No.2,803,821, #2 Exhibit B - Certificate of Registration No.3,676,264, #3 Exhibit C - Certificate of Registration No.3,070,490, #4 Exhibit D - Health Products for You, #5 Exhibit E - Shop Wound Care, #6 Civil Cover Sheet, #7 Category Form)(Rollinson, James) |
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