Medical Devices, Inc. v. H&H Medical Corporation et al
| Medical Devices, Inc. |
| Bound Tree Medical, LLC, Sarnova HC, LLC, H&H Medical Corporation, Polymer Science, Inc., Emergency Medical Products, Inc. and Sarnova, Inc. |
| 5:2020cv11579 |
| June 15, 2020 |
| US District Court for the Eastern District of Michigan |
| Judith E Levy |
| Anthony P Patti |
| Elizabeth A Stafford |
| Trademark |
| 15 U.S.C. § 1114 |
| Both |
Docket Report
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Filing 58
Trademark Report Sent To Washington (SSch)
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Filing 57
STIPULATED ORDER DISMISSING CASE, Signed by District Judge Judith E. Levy. (WBar)
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Filing 56
TRANSCRIPT of Settlement Agreement held on August 9, 2021. (Transcriber: Darlene K. May) (Number of Pages: 8) The parties have 21 days to file with the court and Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 8/31/2021. Redacted Transcript Deadline set for 9/10/2021. Release of Transcript Restriction set for 11/8/2021. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (May, D)
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Minute Entry for proceedings before Magistrate Judge Elizabeth A. Stafford: Settlement Conference held on 8/9/2021. Disposition: Settlement reached. (Court Reporter: Digitally Recorded) (MarW)
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Set/Reset Scheduling Order Deadlines: Settlement Conference reset for 8/9/2021 at 10:00 AM before Magistrate Judge Elizabeth A. Stafford. (MarW)
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Filing 55
AMENDED NOTICE TO APPEAR BY VIDEO CONFERENCE: Settlement Conference reset for 6/1/2021 at 11:00 AM before Magistrate Judge Elizabeth A. Stafford. (Parties to receive Zoom invitation in a separate email prior to conference) (Attachments: #1 Document Continuation) (MarW)
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Filing 54
NOTICE TO APPEAR BY VIDEO CONFERENCE: Settlement Conference set for 7/1/2021 at 10:00 AM before Magistrate Judge Elizabeth A. Stafford. (Parties to receive Zoom invitation in a separate email prior to conference) (Attachments: #1 Document Continuation) (MarW)
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Filing 53
STIPULATED ORDER Staying Case pending the completion of the settlement conference to be conducted by Magistrate Judge Elizabeth A. Stafford, Signed by District Judge Judith E. Levy. (WBar)
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TEXT-ONLY NOTICE: Motion Hearing on 5/26/21 is Cancelled. (To be rescheduled after settlement conference, if necessary) (MarW)
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Filing 52
ORDER REFERRING OTHER MATTERS to Magistrate Judge Stafford : Settlement Conference. Signed by District Judge Judith E. Levy. (WBar)
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Filing 51
NOTICE OF HEARING BY VIDEO CONFERENCE on #37 MOTION to Dismiss . Motion Hearing set for 5/26/2021 at 02:00 PM before Magistrate Judge Elizabeth A. Stafford. |Zoom Webinar Information: https://www.zoomgov.com/j/1603647337?pwd=WEhvUU5JT3lXbVRGNmxaWU9KUHNYUT09 Passcode: 234606 Or iPhone one-tap : US: +16692545252,,1603647337# or +16468287666,,1603647337#| (MarW)
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Filing 50
DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Jackson, Angela)
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Filing 49
ORDER Granting (ECF No. #47 ) Defendants' Motion to File Documents Under Seal. Signed by Magistrate Judge Elizabeth A. Stafford. (MarW)
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Filing 48
SEALED EXHIBIT A-D re #45 Declaration, by Bound Tree Medical, LLC, Sarnova HC, LLC, Sarnova, Inc.. (Attachments: #1 Exhibit A. Hardman Emails, #2 Exhibit B. March 2019 Emails with Hardman, #3 Exhibit C. March 2018 Emails re HALO Contract, #4 Exhibit D. MA Supply Agreement Email Chain) (Huget, J.)
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Filing 47
MOTION to Seal #45 Declaration, Exhibits A-D to Darrell Hughes Declaration by Bound Tree Medical, LLC, Sarnova HC, LLC, Sarnova, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit A. Hardman Emails, #3 Exhibit B. March 2019 Emails with Hardman, #4 Exhibit C. March 2018 Emails re HALO Contract, #5 Exhibit D. MA Supply Agreement Email Chain) (Huget, J.)
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Filing 46
DECLARATION by Sarah E. Waidelich re #44 Reply to Response to Motion filed by Bound Tree Medical, LLC, Sarnova HC, LLC, Sarnova, Inc. (Attachments: #1 Exhibit A.) (Huget, J.)
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Filing 45
DECLARATION by Darrell Hughes re #44 Reply to Response to Motion Declaration of Darrell Hughes in Support of Sarnova, Inc.'s Reply to Its Motion to Dismiss the Complaint filed by Bound Tree Medical, LLC, Sarnova HC, LLC, Sarnova, Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A. Hardman Emails, #3 Exhibit B. March 2019 Emails with Hardman, #4 Exhibit C. March 2018 Emails re HALO Contract, #5 Exhibit D. MA Supply Agreement Email Chain) (Huget, J.)
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Filing 44
REPLY to Response re #37 MOTION to Dismiss filed by Bound Tree Medical, LLC, Sarnova HC, LLC, Sarnova, Inc.. (Huget, J.)
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Filing 43
RESPONSE to #37 MOTION to Dismiss filed by Medical Devices, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Shulman Declaration, #3 Exhibit 2 - Patterson Declaration) (Jackson, Angela)
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Filing 42
NOTICE of Appearance by Andrew R. Greene on behalf of All Plaintiffs. (Greene, Andrew)
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Filing 41
STIPULATED ORDER Extending Deadline for Plaintiff to File its Response to Sarnova, Inc., Sarnova HC, LLC, And Bound Tree Medical, LLC's Motion to Dismiss (ECF No. #37 ) (Response due by 1/28/2021, Reply, if any due by 2/11/2021). Signed by Magistrate Judge Elizabeth A. Stafford. (MarW)
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Filing 40
ORDER REFERRING MOTION to Magistrate Judge Elizabeth A. Stafford: #37 MOTION to Dismiss filed by Sarnova HC, LLC, Bound Tree Medical, LLC, Sarnova, Inc.. Signed by District Judge Judith E. Levy. (WBar)
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TEXT-ONLY NOTICE: Hearing on 4/29/2021 is Cancelled re #39 Notice of Hearing on Motion (WBar)
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Filing 39
NOTICE OF HEARING on #37 MOTION to Dismiss . Motion Hearing set for 4/29/2021 02:00 PM before District Judge Judith E. Levy (WBar)
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Filing 38
ANSWER to Complaint with Affirmative Defenses with Jury Demand by Bound Tree Medical, LLC, Emergency Medical Products, Inc.. (Huget, J.)
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Filing 37
MOTION to Dismiss by Bound Tree Medical, LLC, Sarnova HC, LLC, Sarnova, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Declaration of Jeff Prestel, #3 Exhibit B - ICANN Lookup haloseal.com, #4 Exhibit C - ICANN Lookup haloseals.com) (Huget, J.)
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Filing 36
ORDER granting #34 Motion for Extension of Time to Answer Complaint; Responsive Pleading due 12/24/2020. Signed by District Judge Judith E. Levy. (WBar)
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Filing 35
RESPONSE to #34 MOTION for Extension of Time to File Answer filed by Medical Devices, Inc.. (Jackson, Angela)
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Filing 34
MOTION for Extension of Time to File Answer by Bound Tree Medical, LLC, Emergency Medical Products, Inc., Sarnova HC, LLC, Sarnova, Inc.. (Attachments: #1 Exhibit A. Proposed Order) (Huget, J.)
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Filing 33
ORDER Granting #32 Stipulation to Dismiss Count VI of #1 Complaint, Signed by District Judge Judith E. Levy. (WBar)
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Filing 32
STIPULATION for Dismissal of Count VI of the Complaint Only and for Dismissal of Defendants H&H Medical Corporation and Polymer Science, Inc. by Medical Devices, Inc. (Jackson, Angela)
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TEXT-ONLY NOTICE: Hearing on 12/10/2020 is Cancelled re #31 Notice of Hearing on Motion,, (WBar)
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Filing 31
AMENDED NOTICE OF HEARING BY VIDEO CONFERENCE on #24 MOTION to Dismiss Defendants' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(B)(3) For Improper Venue. Motion Hearing set for 12/10/2020 02:00 PM before District Judge Judith E. Levy |Zoom Webinar Information: https://www.zoomgov.com/j/1605389870?pwd=SXBYQnUxWFdnK2ptRkJZek1ka0xUZz09 Passcode: 185005 Or iPhone one-tap : US: +16692545252,,1605389870# or +16468287666,,1605389870#| (WBar)
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Filing 30
STIPULATION AND ORDER Extending Time to File Reply to #24 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(B)(3) For Improper Venue; Reply due by 12/4/2020, Signed by District Judge Judith E. Levy. (WBar)
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Filing 29
AMENDED #28 Notice of Appearance by H&H Medical Corporation (Nelson, Jeffery)
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Filing 28
NOTICE of Appearance by Jeffery H Nelson on behalf of All Defendants. (Nelson, Jeffery)
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Filing 27
RESPONSE to #24 MOTION to Dismiss Defendants' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(B)(3) For Improper Venue filed by Medical Devices, Inc.. (Attachments: #1 Exhibit Unpublished Opinion, Omega Patents, LLC v. Calamp Corp.) (Jackson, Angela)
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Filing 26
NOTICE OF HEARING on #24 MOTION to Dismiss Defendants' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(B)(3) For Improper Venue. Motion Hearing set for 12/10/2020 02:00 PM before District Judge Judith E. Levy (WBar)
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TEXT-ONLY ORDER Granting #25 MOTION Enlarge The Period of Time to Respond to Remainder of Plaintiff's Complaint Until Defendants' Motion to Dismiss is Decided. Signed by District Judge Judith E. Levy. (WBar)
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Filing 25
MOTION Enlarge The Period of Time to Respond to Remainder of Plaintiff's Complaint Until Defendants' Motion to Dismiss is Decided by Bound Tree Medical, LLC, Emergency Medical Products, Inc., Sarnova HC, LLC, Sarnova, Inc.. (Huget, J.)
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Filing 24
MOTION to Dismiss Defendants' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(B)(3) For Improper Venue by All Defendants. (Attachments: #1 Index of Exhibits, #2 Exhibit A. Declaration of Paul X Harder, #3 Exhibit B. Declaration of Frederick E. Ennis, #4 Exhibit C. Declaration of Jeff Prestel) (Huget, J.)
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Filing 23
OPINION AND ORDER Granting #18 MOTION for Extension of Time to File Answer to #1 Complaint; Responsive Pleading due by 8/31/2020. Should one or more Defendants file a Rule 12 motion, the deadline for Plaintiff to file a response is extended until November 9, 2020. Signed by District Judge Judith E. Levy. (WBar)
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Filing 22
ATTORNEY APPEARANCE: Oscar A. Rodriguez appearing on behalf of Medical Devices, Inc. (Rodriguez, Oscar)
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Filing 21
REPLY to Response re #18 MOTION for Extension of Time to File Answer Defendants' Motion to Enlarge Time to Respond to Complaint Defendants' Reply In Support of Their Motion to Enlarge Time to Respond to Complaint filed by Bound Tree Medical, LLC, Emergency Medical Products, Inc., H&H Medical Corporation, Polymer Science, Inc., Sarnova HC, LLC, Sarnova, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit B. [Proposed] Order, #3 Exhibit C. July 15, 2020 Letter, #4 Exhibit D. Settlement Emails) (Huget, J.)
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Filing 20
RESPONSE to #18 MOTION for Extension of Time to File Answer Defendants' Motion to Enlarge Time to Respond to Complaint filed by Medical Devices, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Proposed Order, #3 Exhibit B - July 31, 2020 Email, #4 Exhibit Unpublished Opinion) (Jackson, Angela)
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Filing 19
ORDER Staying Current Deadline to Respond to Complaint, AND Requiring Response to #18 Motion for Extension of Time to File Answer. Response due by 8/3/2020 Signed by District Judge Judith E. Levy. (WBar)
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Filing 18
MOTION for Extension of Time to File Answer Defendants' Motion to Enlarge Time to Respond to Complaint by All Defendants. (Huget, J.)
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Filing 17
STIPULATED ORDER Extending Time for Defendant Polymer Science Inc. to Respond to #1 Complaint; Responsive Pleading due by 7/31/2020, Signed by District Judge Judith E. Levy. (WBar)
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Filing 16
NOTICE of Appearance by Sarah E. Waidelich on behalf of Polymer Science, Inc.. (Waidelich, Sarah)
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Filing 15
NOTICE of Appearance by J. Michael Huget on behalf of Polymer Science, Inc.. (Huget, J.)
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Filing 14
STIPULATED ORDER Extending Time to Answer #1 Complaint; Responsive Pleading due by 7/31/2020, Signed by District Judge Judith E. Levy. (WBar)
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Filing 13
NOTICE of Appearance by Sarah E. Waidelich on behalf of Bound Tree Medical, LLC, Emergency Medical Products, Inc., H&H Medical Corporation, Sarnova HC, LLC, Sarnova, Inc.. (Waidelich, Sarah)
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Filing 12
NOTICE of Appearance by J. Michael Huget on behalf of Bound Tree Medical, LLC, Emergency Medical Products, Inc., H&H Medical Corporation, Sarnova HC, LLC, Sarnova, Inc.. (Huget, J.)
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Filing 11
Patent Report Sent To Washington (Jackson, Angela)
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Filing 10
Trademark Report Sent To Washington (Jackson, Angela)
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Filing 9
CERTIFICATE of Service/Summons Returned Executed. Sarnova HC, LLC served on 6/22/2020, answer due 7/13/2020. (Jackson, Angela)
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Filing 8
CERTIFICATE of Service/Summons Returned Executed. Sarnova, Inc. served on 6/22/2020, answer due 7/13/2020. (Jackson, Angela)
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Filing 7
CERTIFICATE of Service/Summons Returned Executed. Emergency Medical Products, Inc. served on 6/19/2020, answer due 7/10/2020. (Jackson, Angela)
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Filing 6
CERTIFICATE of Service/Summons Returned Executed. Bound Tree Medical, LLC served on 6/19/2020, answer due 7/10/2020. (Jackson, Angela)
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Filing 5
CERTIFICATE of Service/Summons Returned Executed. Polymer Science, Inc. served on 6/24/2020, answer due 7/15/2020. (Jackson, Angela)
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Filing 4
CERTIFICATE of Service/Summons Returned Executed. H&H Medical Corporation served on 6/23/2020, answer due 7/14/2020. (Jackson, Angela)
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Filing 3
ORDER of RECUSAL and REASSIGNING CASE from Magistrate Judge Anthony P. Patti to Magistrate Judge Elizabeth A. Stafford. (NAhm)
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Filing 2
SUMMONS Issued for * All Defendants * (LGra)
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Filing 1
COMPLAINT filed by Medical Devices, Inc. against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-7865516 - Fee: $ 400. County of 1st Plaintiff: Washtenaw - County Where Action Arose: Washtenaw - County of 1st Defendant: Wiliamsburg, VA. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Index of Exhibits, #2 Exhibit A - Plaintiff's Registration Certificates, #3 Exhibit B - 007 Patent, #4 Exhibit C - H*VENT product, #5 Exhibit D - Curaplex T.O.C.S.: Tactical Occlusive Chest Seal, Vented, #6 Exhibit E - Claim Chart) (Jackson, Angela)
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A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (LGra)
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