BITRO Group Inc. v. ASP Holdings, Inc.
| BITRO Group Inc. |
| ASP Holdings, Inc. |
| 0:2021cv02106 |
| September 24, 2021 |
| US District Court for the District of Minnesota |
| Hildy Bowbeer |
| Patrick J Schiltz |
| Patent |
| 28 U.S.C. § 1338 |
| Both |
Docket Report
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This docket was last retrieved on November 8, 2021. A more recent docket listing may be available from PACER.
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Filing 33
ORDER SETTING PRETRIAL SCHEDULING CONFERENCE (PATENT CASES): Rule 26 Meeting Report due by 11/30/2021. Confidential settlement letter due by 11/30/2021. Pretrial Conference set for 12/7/2021 at 10:30 AM by Telephone Conference (no courtroom) before Magistrate Judge Hildy Bowbeer. Signed by Magistrate Judge Hildy Bowbeer on 11/8/2021. (Attachments: #1 Consent Form)(LNP)
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| Filing 32 ASP Holdings, Inc.'s ANSWER to #31 Amended Complaint filed by ASP Holdings, Inc.. (Zucchi, Jason) |
| Filing 31 AMENDED COMPLAINT against ASP Holdings, Inc.. filed by BITRO Group Inc.. No summons requested. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B) (Sarney, Michael) |
| Filing 30 Text Only Minute Entry for proceedings held before Magistrate Judge Hildy Bowbeer: Status Conference held on 10/5/2021 by Conference Bridge. The Court and counsel discussed next steps in light of Defendant's expressed intent to file a motion to dismiss the operative complaint. The Court and the parties agreed that Plaintiff will file an amended complaint on or before October 15, 2021. Defendant will have 21 days from the date the amended complaint is filed to answer or otherwise respond to the amended complaint. TIME: 2:30-2:41 PM. Counsel for Plaintiff: Michael Sarney, Alex L. Rubenstein. Counsel for Defendant: Jason M. Zucchi, Kyle Fleming. (LNP) |
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Filing 29
TEXT ONLY ENTRY: ORDER granting #27 Motion for Admission Pro Hac Vice of Attorney Michael F Sarney for BITRO Group Inc.. Approved by Magistrate Judge Hildy Bowbeer on 10/1/2021. (JGK)
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Filing 28
TEXT ONLY ORDER/NOTICE OF CONFERENCE: This matter is before the Court on Defendant's September 27, 2021 letter (ECF No. #25 ) requesting permission and a briefing schedule to file a motion to dismiss the complaint. The Court will hold a status conference by telephone with counsel on October 5, 2021 at 2:30 PM, Central Time before Magistrate Judge Hildy Bowbeer to discuss how best to proceed. Defendant's deadline to answer, move, or otherwise respond to the Complaint is extended indefinitely pending the results of that discussion. Ordered by Magistrate Judge Hildy Bowbeer on 9/28/2021.(LNP)
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| Filing 27 MOTION for Admission Pro Hac Vice for Attorney Michael F. Sarney. Filing fee $ 100, receipt number AMNDC-9046869 filed by BITRO Group Inc.. (Rubenstein, Alex) |
| Filing 26 NOTICE of Appearance by Alex Rubenstein on behalf of BITRO Group Inc.. (Rubenstein, Alex) |
| Filing 25 LETTER TO MAGISTRATE JUDGE by ASP Holdings, Inc. . (Zucchi, Jason) |
| Filing 24 (Text-Only) NOTICE - Magistrate Judge Hildy Bowbeer's Practice Pointers are available on the United States District Court for the District of Minnesota's #website. All parties are expected to be familiar with and adhere to these Practice Pointers, including any variances from Local Rules. (LNP) |
| Filing 23 NOTICE of Appearance by Jason M Zucchi on behalf of ASP Holdings, Inc.. (Zucchi, Jason) |
| Filing 22 (Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing Michael Sarney, Jeremy Saks, Kyle Fleming as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #www.mnd.uscourts.gov/forms/all-forms#. (kt) cc: Michael Sarney, Jeremy Thomas Saks, Kyle J Fleming. |
| Filing 21 Case transferred in from District of New York Southern; Case Number 1:21-cv-06144. Original file certified copy of transfer order and docket sheet received. Case assigned to Judge Patrick J. Schiltz and referred to Magistrate Judge Hildy Bowbeer per 3rd/4th Patent List. |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of Minnesota. (ate) [Transferred from New York Southern on 9/24/2021.] |
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Filing 20
ORDER: It is hereby ORDERED that this case is transferred to the United States District Court for the District of Minnesota. The Clerk of Court is directed to close this matter and transfer the case to the District of Minnesota. (Signed by Judge Lorna G. Schofield on 9/17/2021) (ate) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 9/24/2021.]
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| Filing 19 LETTER addressed to Judge Lorna G. Schofield from Jeremy T. Saks dated September 16, 2021 re: Corrected Pre-motion Reply Letter Requesting Leave to File a Motion to Dismiss. Document filed by ASP Holdings, Inc...(Saks, Jeremy) [Transferred from New York Southern on 9/24/2021.] |
| Filing 18 LETTER addressed to Judge Lorna G. Schofield from Jeremy T. Saks dated September 16, 2021 re: Pre-motion Reply Letter Requesting Leave to File a Motion to Dismiss. Document filed by ASP Holdings, Inc...(Saks, Jeremy) [Transferred from New York Southern on 9/24/2021.] |
| Filing 17 JOINT LETTER addressed to Judge Lorna G. Schofield from Michael F. Sarney dated September 16, 2021 re: Initial Pre-Trial Conference. Document filed by BITRO Group Inc.. (Attachments: #1 Text of Proposed Order Proposed Patent Case Management Plan).(Sarney, Michael) [Transferred from New York Southern on 9/24/2021.] |
| Filing 16 LETTER addressed to Judge Lorna G. Schofield from Michael F. Sarney dated September 14, 2021 re: Response to Defendant's Letter Regarding Venue. Document filed by BITRO Group Inc...(Sarney, Michael) [Transferred from New York Southern on 9/24/2021.] |
| Filing 15 MEMO ENDORSEMENT on re: #14 Letter filed by ASP Holdings, Inc. ENDORSEMENT: By September 14, 2021, Plaintiff shall file a responsive letter on the venue issue, not to exceed three pages. Defendant shall file any reply letter by September 16, 2021, not to exceed two pages. The Court likely will construe the letters as a motion to dismiss or transfer for improper venue and rule orally at the September 23, 2021, conference. (Signed by Judge Lorna G. Schofield on 9/7/2021) (cf) [Transferred from New York Southern on 9/24/2021.] |
| Filing 14 LETTER addressed to Judge Lorna G. Schofield from Jeremy T. Saks dated September 3, 2021 re: Pre-motion Letter Requesting Leave to File a Motion to Dismiss. Document filed by ASP Holdings, Inc...(Saks, Jeremy) [Transferred from New York Southern on 9/24/2021.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Jason M. Zucchi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24966753. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) [Transferred from New York Southern on 9/24/2021.] |
| Filing 13 MOTION for Jason M. Zucchi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24966753. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ASP Holdings, Inc.. (Attachments: #1 Declaration, #2 Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Zucchi, Jason) [Transferred from New York Southern on 9/24/2021.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Kyle J. Fleming to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24963676. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) [Transferred from New York Southern on 9/24/2021.] |
| Filing 12 MOTION for Kyle J. Fleming to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24963676. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ASP Holdings, Inc.. (Attachments: #1 Declaration of Kyle J. Fleming ISO Motion PHV, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Fleming, Kyle) [Transferred from New York Southern on 9/24/2021.] |
| Filing 11 NOTICE OF APPEARANCE by Jeremy Thomas Saks on behalf of ASP Holdings, Inc...(Saks, Jeremy) [Transferred from New York Southern on 9/24/2021.] |
| Filing 10 CERTIFICATE OF SERVICE of Order served on ASP Holdings, Inc. on August 16, 2021. Service was made by Mail. Document filed by BITRO Group Inc...(Sarney, Michael) [Transferred from New York Southern on 9/24/2021.] |
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Filing 9
ORDER: Initial Conference set for 9/23/2021 at 10:40 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 8/12/2021) (vfr) [Transferred from New York Southern on 9/24/2021.]
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| Filing 8 AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF)..(jgo) [Transferred from New York Southern on 9/24/2021.] |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to ASP Holdings, Inc...(jgo) [Transferred from New York Southern on 9/24/2021.] |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to ASP Holdings, Inc., re: #1 Complaint. Document filed by BITRO Group Inc...(Sarney, Michael) [Transferred from New York Southern on 9/24/2021.] |
| Filing 5 AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Sarney, Michael) [Transferred from New York Southern on 9/24/2021.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) [Transferred from New York Southern on 9/24/2021.] |
| Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) [Transferred from New York Southern on 9/24/2021.] |
| Case Designated ECF. (pc) [Transferred from New York Southern on 9/24/2021.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PATENT FORM. Notice to Attorney Michael F Sarney to RE-FILE re: Document No. #4 AO 120 Form Patent/Trademark - Notice of Submission by Attorney. The filing is deficient for the following reason(s): the Plaintiff field on the AO 120 Patent/Trademark form was not completed by the attorney; the Defendant field on the AO 120 Patent/Trademark form was not completed by the attorney;.. Re-file the document using the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents and attach the correct AO 120 Patent/Trademark PDF form. (pc) [Transferred from New York Southern on 9/24/2021.] |
| Filing 4 FILING ERROR - PDF ERROR - AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Sarney, Michael) Modified on 7/20/2021 (pc). [Transferred from New York Southern on 9/24/2021.] |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by BITRO Group Inc...(Sarney, Michael) [Transferred from New York Southern on 9/24/2021.] |
| Filing 2 CIVIL COVER SHEET filed..(Sarney, Michael) [Transferred from New York Southern on 9/24/2021.] |
| Filing 1 COMPLAINT against ASP Holdings, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24809985)Document filed by BITRO Group Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Sarney, Michael) [Transferred from New York Southern on 9/24/2021.] |
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| Plaintiff: BITRO Group Inc. | |
| Represented By: | Alex Rubenstein |
| Represented By: | Michael F Sarney |
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| Defendant: ASP Holdings, Inc. | |
| Represented By: | Jason Zucchi |
| Represented By: | Jason M Zucchi |
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