Graco Inc. et al v. Harbor Freight Tools USA, Inc.
Plaintiff: Graco Inc. and Graco Minnesota Inc.
Defendant: Harbor Freight Tools USA, Inc.
Case Number: 0:2023cv00130
Filed: January 17, 2023
Court: US District Court for the District of Minnesota
Presiding Judge: Leo I Brisbois
Referring Judge: Douglas L Micko
2 Judge: Patrick J Schiltz
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271 Patent Infringement
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 29, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 29, 2023 Filing 38 DOCUMENT FILED IN ERROR-INCORRECT CASE. JUDGMENT (Attachments: #1 Civil Notice - appeal, #2 Appeal Packet)(MKB) Modified text on 6/29/2023 (MKB).
June 29, 2023 Opinion or Order Filing 37 AMENDED PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 3/15/2024. Fact Discovery due by 7/31/2024. Expert Discovery due by 12/13/2024. Motions (non-disp) due 8/30/2024. Motions (disp) due by 3/13/2025. Ready for trial due by 7/14/2025. Signed by Magistrate Judge Douglas L. Micko on 6/29/2023. (jme)
June 29, 2023 NOTICE OF DOCKETING CORRECTION for #38 Judgment: Filed in error; incorrect case. (MKB)
June 16, 2023 Opinion or Order Filing 36 PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 3/15/2024. Fact Discovery due by 7/31/2023. Expert Discovery due by 12/13/2024. Joinder of Parties due by 3/15/2024. Motions (non-disp) due 8/30/2024. Motions (disp) due by 3/13/2025. Ready for trial due by 7/14/2025. Signed by Magistrate Judge Douglas L. Micko on 6/15/2023. (jme)
June 15, 2023 Filing 35 Minute Entry for proceedings held before Magistrate Judge Douglas L. Micko: Initial Pretrial Conference held on 6/15/2023. Pretrial Scheduling Order will issue. (jme)
May 26, 2023 Opinion or Order Filing 34 ORDER SETTING PRETRIAL CONFERENCE: Rule 26 Meeting Report due by 6/8/2023. Pretrial Conference set for 6/15/2023 at 09:30 AM in Courtroom 6B (STP) before Magistrate Judge Douglas L. Micko. Signed by Magistrate Judge Douglas L. Micko on 5/26/2023. (Attachments: #1 Consent Form, #2 26(f) report template) (jme)
May 17, 2023 Opinion or Order Filing 33 PROTECTIVE ORDER. Signed by Magistrate Judge Douglas L. Micko on 5/17/2023. (jme)
May 17, 2023 Opinion or Order Filing 32 ORDER GOVERNING ELECTRONIC DISCOVERY. Signed by Magistrate Judge Douglas L. Micko on 5/16/2023. (jme)
May 15, 2023 Filing 31 PROPOSED ORDER TO JUDGE re #30 Stipulation. (Jack, Sarah)
May 15, 2023 Filing 30 STIPULATION GOVERNING ELECTRONIC DISCOVERY by Graco Inc., Graco Minnesota Inc.. Jointly Signed by Harbor Freight Tools USA, Inc.. (Jack, Sarah)
May 15, 2023 Filing 29 (Text-Only) CLERK'S NOTICE OF REASSIGNMENT OF MAGISTRATE JUDGE. Due to the appointment of Magistrate Judge Douglas L. Micko, this case is reassigned to him. Magistrate Judge Leo I. Brisbois is no longer assigned to the case. NOTE: the new case number is 23-cv-130 PJS/DLM. Please use this case number for all subsequent filings. Scheduling orders entered before this case was reassigned will remain in effect unless otherwise ordered by the Court. If a previously scheduled proceeding conflicts with an event already on Magistrate Judge Micko's schedule, the parties will be contacted, and a new date and time agreed upon. Magistrate Judge Micko's #practice pointers are available on the Court's website. Please contact Magistrate Judge Micko's chambers, at 651-848-1900, for scheduling or other matters. (CLK)
May 1, 2023 Filing 28 NOTICE of Appearance by Johanna R. Hyman on behalf of Harbor Freight Tools USA, Inc.. (Hyman, Johanna)
April 14, 2023 Filing 27 STATEMENT OF CASE as to Harbor Freight Tools USA, Inc.. (Nelson, Jessica)
April 14, 2023 Filing 26 PROPOSED ORDER TO JUDGE re #25 Stipulation. (Jack, Sarah)
April 14, 2023 Filing 25 STIPULATION for Protective Order by Graco Inc., Graco Minnesota Inc.. Jointly Signed by Harbor Freight Tools USA, Inc.. (Jack, Sarah)
April 14, 2023 Filing 24 REPORT of Rule 26(f) Planning Meeting. Filed by Graco Inc., Graco Minnesota Inc.. Jointly Signed by Harbor Freight Tools USA, Inc.. (Jack, Sarah)
April 14, 2023 Filing 23 STATEMENT OF CASE as to Graco Inc., Graco Minnesota Inc.. (Jack, Sarah)
March 21, 2023 Opinion or Order Filing 22 PRETRIAL SCHEDULING NOTICE AND ORDER: See Notice and Order for document submission deadlines. Signed by Magistrate Judge Leo I. Brisbois on 3/21/2023. (Attachments: #1 The Case for Aggressive Civility, #2 Consent Form)(JLB)
March 8, 2023 Filing 21 RULE 7.1 DISCLOSURE STATEMENT. Parent corporation, publicly held corporation owning 10 percent or more of its stock, or subsidiary reported for Harbor Freight Tools USA, Inc.. (Nelson, Jessica)
March 8, 2023 Filing 20 ANSWER to Complaint filed by Harbor Freight Tools USA, Inc.. (Nelson, Jessica)
March 7, 2023 Opinion or Order Filing 19 (Text-Only) ORDER granting #17 Motion for Admission Pro Hac Vice of Attorney Richard Jagdishwar Millett for Harbor Freight Tools USA, Inc.; granting #18 Motion for Admission Pro Hac Vice of Attorney David Michael Grable for Harbor Freight Tools USA, Inc. Approved by Magistrate Judge Leo I. Brisbois on 3/7/2023. (KMO)
March 7, 2023 Filing 18 MOTION for Admission Pro Hac Vice for Attorney David M. Grable. Filing fee $ 100, receipt number AMNDC-10116969 filed by Harbor Freight Tools USA, Inc.. (Nelson, Jessica)
March 3, 2023 Filing 17 MOTION for Admission Pro Hac Vice for Attorney Richard Jagdishwar Millett. Filing fee $ 100, receipt number AMNDC-10112246 filed by Harbor Freight Tools USA, Inc.. (Nelson, Jessica)
February 21, 2023 Opinion or Order Filing 16 (Text-Only) ORDER granting #15 Motion for Admission Pro Hac Vice of Attorney Ryan C Steinman for Graco Inc. and Graco Minnesota Inc. Approved by Magistrate Judge Leo I. Brisbois on 2/21/2023. (KMO)
February 15, 2023 Filing 15 MOTION for Admission Pro Hac Vice for Attorney Ryan Steinman. Filing fee $ 100, receipt number AMNDC-10078246 filed by Graco Inc., Graco Minnesota Inc.. (Herriges, Joseph)
February 8, 2023 Opinion or Order Filing 14 (Text-Only) ORDER granting #12 Motion for Admission Pro Hac Vice of Attorney Eric H. Huang for Harbor Freight Tools USA, Inc.; granting #13 Motion for Admission Pro Hac Vice of Attorney Margret Mary Caruso for Harbor Freight Tools USA, Inc. Approved by Magistrate Judge Leo I. Brisbois on 2/8/2023. (KMO)
February 8, 2023 Filing 13 MOTION for Admission Pro Hac Vice for Attorney Margret M. Caruso. Filing fee $ 100, receipt number AMNDC-10061913 filed by Harbor Freight Tools USA, Inc.. (Nelson, Jessica)
February 8, 2023 Filing 12 MOTION for Admission Pro Hac Vice for Attorney Eric Huang. Filing fee $ 100, receipt number AMNDC-10061898 filed by Harbor Freight Tools USA, Inc.. (Nelson, Jessica)
February 7, 2023 Filing 11 (Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing David M. Grable and Eric Huang 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#. (MMP)
February 7, 2023 Opinion or Order Filing 10 ORDER on #8 Stipulation. Harbor Freight Tools USA, Inc. answer due 3/8/2023. Signed by Magistrate Judge Leo I. Brisbois on 2/7/2023.(JLB)
February 7, 2023 Filing 9 PROPOSED ORDER TO JUDGE re #8 Stipulation. (Nelson, Jessica)
February 7, 2023 Filing 8 STIPULATION TO EXTEND TIME FOR DEFENDANT TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT by Harbor Freight Tools USA, Inc.. Jointly Signed by Graco Inc. and Graco Minnesota Inc. (Nelson, Jessica)
January 18, 2023 Filing 7 SUMMONS Returned Executed by Graco Inc., Graco Minnesota Inc.. Harbor Freight Tools USA, Inc. served on 1/18/2023, answer due 2/8/2023. (Herriges, Joseph)
January 18, 2023 Filing 6 Summons Issued as to Harbor Freight Tools USA, Inc. (MKB)
January 18, 2023 Filing 5 (Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Chief Judge Patrick J. Schiltz per Civil (3rd, 4th - Patent) list, referred to Magistrate Judge Leo I. Brisbois. Please use case number 23-cv-130 (PJS/LIB).Notice: All Nongovernmental Corporate Parties must file a #Rule 7.1 Corporate Disclosure Statement. (MKB)
January 17, 2023 Filing 4 REPORT ON FILING OF PATENT/TRADEMARK ACTION (AO 120)(USPTO noticed with filing). (Herriges, Joseph)
January 17, 2023 Filing 3 REPORT ON FILING OF PATENT/TRADEMARK ACTION (AO 120)(USPTO noticed with filing). (Herriges, Joseph)
January 17, 2023 Filing 2 RULE 7.1 DISCLOSURE STATEMENT. There is a corporation, publicly held corporation owning 10 percent or more of its stock, or any subsidiaries reported for Graco Inc., Graco Minnesota Inc. (Herriges, Joseph) Modified text on 1/18/2023 (MMP).
January 17, 2023 Filing 1 COMPLAINT against Harbor Freight Tools USA, Inc. (filing fee $ 402, receipt number AMNDC-10014548) filed by Graco Inc., Graco Minnesota Inc.. Filer requests summons issued. (Attachments: #1 Exhibit(s) A-I, #2 Civil Cover Sheet) (Herriges, Joseph)

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Plaintiff: Graco Inc.
Represented By: Conrad A Gosen
Represented By: Sarah Jack
Represented By: Joseph A Herriges
Represented By: Ryan C Steinman
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Plaintiff: Graco Minnesota Inc.
Represented By: Conrad A Gosen
Represented By: Sarah Jack
Represented By: Joseph A Herriges
Represented By: Ryan C Steinman
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Defendant: Harbor Freight Tools USA, Inc.
Represented By: Eric H. Huang
Represented By: Jessica J Nelson
Represented By: Margret Mary Caruso
Represented By: David Michael Grable
Represented By: Richard Jagdishwar Millett
Represented By: Johanna R. Hyman
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