WORD APE, LLC v. ONTEL PRODUCTS CORPORATION et al
| WORD APE, LLC d/b/a CHOMCHOM ROLLER, WORD APE, LLC doing business as CHOMCHOM ROLLER and CHEDDAR CREATIONS doing business as CHOMCHOM ROLLER |
| ONTEL PRODUCTS CORPORATION and LING FUN TRADING, LTD. |
| WORD APE, LLC and CHEDDAR CREATIONS |
| 2:2021cv14431 |
| July 30, 2021 |
| US District Court for the District of New Jersey |
| Madeline Cox Arleo |
| Michael A Hammer |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Both |
Docket Report
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This docket was last retrieved on October 28, 2022. A more recent docket listing may be available from PACER.
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Filing 45
ORDER OF DISMISSAL that the Clerk of the Court shall reopen the case and make a new and separate docket entry reading CIVIL CASE REOPENED; this matter is DISMISSED WITH PREJUDICE and without costs pursuant to Fed. R. Civ. P. 41(a)(2). Signed by Judge Madeline Cox Arleo on 10/28/2022. (sm)
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Filing 44
Order Administratively Terminating Action - 60 Day, Pending Consummation of Settlement. Administrative Termination deadline set for 9/19/2022. Signed by Judge Madeline Cox Arleo on 7/19/2022. (sm)
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| Filing 43 STATUS REPORT (Joint Status Report in furtherance of the Court's June 2, 2022 text order - ECF No. 40) by CHEDDAR CREATIONS. (GURULE, KENDALL) |
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Filing 42
ORDER that Cheddar Creations will replace Word Ape as Plaintiff. Signed by Magistrate Judge Michael A. Hammer on 6/13/2022. (sm)
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| Filing 41 Letter from Kendall K. Gurule to Mag. Judge Michael A. Hammer regarding Name Change of Plaintiff. (GURULE, KENDALL) |
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Filing 40
TEXT ORDER: The Court has reviewed the parties' June 1st status report. As the parties propose, they will kindly file an updated joint status report on or before June 17, 2022. In that joint report, the parties will either consent to entry of a 60-day Order or provide a specific date by which they will do so. So Ordered by Magistrate Judge Michael A. Hammer on 6/2/2022. (Hammer, Michael)
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| Filing 39 STATUS REPORT Joint Status Report in furtherance of the Court's May 27, 2022 text order - ECF No. 38) by WORD APE, LLC. (GURULE, KENDALL) |
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Filing 38
TEXT ORDER: The parties are reminded that pursuant to the March 28, 2022 Order (D.E. 36), they must inform the Court by June 1, 2022 of the status of settlement. The parties will inform the Court whether any party objects to entry of a 60-day Order of dismissal without prejudice to the right of any party, within that 60 days, to reopen this matter if settlement is not finalized. Failure to object will be deemed consent to entry of the 60-day Order.. So Ordered by Magistrate Judge Michael A. Hammer on 5/27/2022. (Hammer, Michael)
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Filing 37
TEXT ORDER: In furtherance to the prior Text Order, in light of the stay, the telephone conference call scheduled for April 4, 2022 is adjourned without a new date. So Ordered by Magistrate Judge Michael A. Hammer on 3/28/22. (tad)
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Filing 36
TEXT ORDER: The parties' request to stay this matter for 90 days to facilitate settlement is granted. If this action is not settled by June 1, 2022, the parties shall provide the Court with a joint status report. So Ordered by Magistrate Judge Michael A. Hammer on 3/28/22. (tad)
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| Filing 35 Joint MOTION to Stay (Consent Motion for 90 Day Stay) by WORD APE, LLC. (GURULE, KENDALL) |
| Pro Hac Vice counsel, JOHNATHAN D. NIKKILA, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (bt,) |
| Filing 34 Notice of Request by Pro Hac Vice Jonathan D. Nikkila to receive Notices of Electronic Filings. (DOYLE, PETER) |
| Pro Hac Vice fee of $150 received as to Jonathan D. Nikkila. Receipt number TRE124275 (jdb) |
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Filing 33
ORDER granting #32 Motion to Withdraw as Attorney. Attorney AARON SCOTT ECKENTHAL terminated. Signed by Magistrate Judge Michael A. Hammer on 1/13/2022. (sm)
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| Filing 32 MOTION to Withdraw as Attorney (Motion to Withdraw Aaron S. Eckenthal as Counsel of Record) by WORD APE, LLC. (FAEGENBURG, RUSSELL) |
| Filing 31 NOTICE of Appearance by RUSSELL W. FAEGENBURG on behalf of WORD APE, LLC (Attachments: #1 Certificate of Service)(FAEGENBURG, RUSSELL) |
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Filing 30
ORDER granting #25 Motion for Leave to Appear Pro Hac Vice of Jonathan D. Nikkila; etc. Signed by Magistrate Judge Michael A. Hammer on 1/5/2022. (sm)
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Filing 29
Discovery Confidentiality Order. Signed by Magistrate Judge Michael A. Hammer on 12/30/2021. (sm)
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| Filing 28 Proposed Order Proposed Discovery Confidentiality Order by WORD APE, LLC. (GURULE, KENDALL) |
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Filing 27
PRETRIAL SCHEDULING ORDER, etc. Signed by Magistrate Judge Michael A. Hammer on 12/23/2021. (lag, )
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| Set Deadlines as to #25 MOTION for Leave to Appear Pro Hac Vice of Jonathan D. Nikkila. Motion set for 1/18/2022 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (bt, ) |
| Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Status Conference held on 12/21/2021. (ECR) (jqb, ) |
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Filing 26
ORDER terminating #14 Motion to Dismiss: As discussed on the record during the pretrial scheduling conference on December 21, 2021, Plaintiff's motion to dismiss the Amended Counterclaims filed on October 28, 2021 [D.E. 19] moots its motion to dismiss the original counterclaims, filed on October 7, 2021 [D.E. 14]. Accordingly, the motion to dismiss filed on October 7, 2021 [D.E. 14] is hereby terminated as moot. So Ordered by Magistrate Judge Michael A. Hammer on 12/21/2021. (Hammer, Michael)
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| Filing 25 MOTION for Leave to Appear Pro Hac Vice of Jonathan D. Nikkila by LING FUN TRADING, LTD., ONTEL PRODUCTS CORPORATION. (Attachments: #1 Certification of Peter E. Doyle, #2 Certification of Jonathan D. Nikkila, #3 Text of Proposed Order, #4 Certificate of Service)(DOYLE, PETER) |
| Filing 24 NOTICE of Appearance by KENDALL K. GURULE on behalf of WORD APE, LLC (Attachments: #1 Certificate of Service)(GURULE, KENDALL) |
| Filing 23 Joint Discovery Plan by WORD APE, LLC.(ECKENTHAL, AARON) |
| Filing 22 REPLY BRIEF to Opposition to Motion filed by WORD APE, LLC re #19 MOTION to Dismiss Defendants' Amended Counterclaims (Attachments: #1 Certificate of Service)(ECKENTHAL, AARON) |
| Filing 21 RESPONSE in Opposition filed by All Defendants re #19 MOTION to Dismiss Defendants' Amended Counterclaims (DOYLE, PETER) |
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Filing 20
ORDER granting #15 Motion for Leave to Appear Pro Hac Vice of John S. Artz; etc. Signed by Magistrate Judge Michael A. Hammer on 11/8/2021. (sm)
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| Set Deadlines as to #19 MOTION to Dismiss Defendants' Amended Counterclaims. Motion set for 12/6/2021 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (bt, ) |
| Filing 19 MOTION to Dismiss Defendants' Amended Counterclaims by WORD APE, LLC. (Attachments: #1 Brief in Support of Motion, #2 Text of Proposed Order, #3 Certificate of Service)(ECKENTHAL, AARON) |
| Filing 18 REPLY to Response to Motion filed by WORD APE, LLC re #14 MOTION to Dismiss Defendants' First, Second and Third Counterclaims (Attachments: #1 Certificate of Service)(ECKENTHAL, AARON) |
| Filing 17 BRIEF in Opposition filed by LING FUN TRADING, LTD., ONTEL PRODUCTS CORPORATION re #14 MOTION to Dismiss Defendants' First, Second and Third Counterclaims (Attachments: #1 Certificate of Service)(DOYLE, PETER) |
| Filing 16 AMENDED ANSWER to #12 Answer to Complaint, Counterclaim, #1 Complaint, , COUNTERCLAIM against WORD APE, LLC by LING FUN TRADING, LTD., ONTEL PRODUCTS CORPORATION. (Attachments: #1 Certificate of Service)(DOYLE, PETER) |
| Set Deadlines as to #15 MOTION for Leave to Appear Pro Hac Vice of John S. Artz. Motion set for 11/15/2021 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (bt, ) |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice of John S. Artz by LING FUN TRADING, LTD., ONTEL PRODUCTS CORPORATION. (Attachments: #1 Certification of Peter E. Doyle, #2 Certification of John S. Artz, #3 Text of Proposed Order, #4 Certificate of Service)(DOYLE, PETER) |
| Set Deadlines as to #14 MOTION to Dismiss Defendants' First, Second and Third Counterclaims. Motion set for 11/1/2021 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (bt, ) |
| Filing 14 MOTION to Dismiss Defendants' First, Second and Third Counterclaims by WORD APE, LLC. Responses due by 10/18/2021 (Attachments: #1 Brief in Support of Plaintiff's Motion to Dismiss Defendants' First, Second and Third Counterclaims, #2 Exhibit 1, #3 Text of Proposed Order, #4 Certificate of Service)(ECKENTHAL, AARON) |
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Filing 13
TEXT ORDER: Telephone Scheduling Conference set for 12/21/2021 at 3:00 p.m. before Magistrate Judge Michael A. Hammer. The parties will dial 1-888-684-8852 and access code 1456817# to join the conference. The parties shall electronically file a joint discovery plan by 12/16/2021. So Ordered by Magistrate Judge Michael A. Hammer on 9/28/2021. (jqb, )
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| Filing 12 ANSWER to Complaint with JURY DEMAND , COUNTERCLAIM against WORD APE, LLC by LING FUN TRADING, LTD., ONTEL PRODUCTS CORPORATION.(DOYLE, PETER) |
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Filing 11
STIPULATION AND ORDER EXTENDENDING TIME TO ANSWER, MOVE OR OTHERWISE RESPOND until 9/23/2021. Signed by Magistrate Judge Michael A. Hammer on 8/24/2021. (sm)
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| Answer Due Deadline Update - The document #10 submitted by LING FUN TRADING, LTD., ONTEL PRODUCTS CORPORATION has been GRANTED. The answer due date has been set for 9/23/2021. (sm) |
| Filing 10 STIPULATION Extending Time to Answer, Move, or Otherwise Respond to the Complaint by WORD APE, LLC. (ECKENTHAL, AARON) |
| Pro Hac Vice counsel, LANCE G. JOHNSON, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (bt, ) |
| Filing 9 Notice of Request by Pro Hac Vice Lance G. Johnson to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12713270.) (ECKENTHAL, AARON) |
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Filing 8
ORDER granting #5 Motion for Leave to Appear Pro Hac Vice of Lance G. Johnson; etc. Signed by Magistrate Judge Michael A. Hammer on 8/10/2021. (sm)
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| Set Deadlines as to #5 MOTION for Leave to Appear Pro Hac Vice . Motion set for 9/7/2021 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (bt, ) |
| Filing 7 SUMMONS Returned Executed by WORD APE, LLC. LING FUN TRADING, LTD. served on 8/3/2021, answer due 8/24/2021. (ECKENTHAL, AARON) |
| Filing 6 SUMMONS Returned Executed by WORD APE, LLC. ONTEL PRODUCTS CORPORATION served on 8/3/2021, answer due 8/24/2021. (ECKENTHAL, AARON) |
| Filing 5 MOTION for Leave to Appear Pro Hac Vice by WORD APE, LLC. (Attachments: #1 Declaration of Lance G. Johnson, #2 Declaration of Aaron S. Eckenthal, #3 Text of Proposed Order)(ECKENTHAL, AARON) |
| Filing 4 AO120 Patent Form filed. (Attachments: #1 Complaint and exhibits) (bt, ) |
| Filing 3 SUMMONS ISSUED as to LING FUN TRADING, LTD., ONTEL PRODUCTS CORPORATION. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (bt, ) |
| Magistrate Judge Michael A. Hammer added. (jr) |
| Filing 2 Corporate Disclosure Statement by WORD APE, LLC d/b/a CHOMCHOM ROLLER. (ECKENTHAL, AARON) |
| Filing 1 COMPLAINT against LING FUN TRADING, LTD., ONTEL PRODUCTS CORPORATION ( Filing and Admin fee $ 402 receipt number ANJDC-12676751) with JURY DEMAND, filed by WORD APE, LLC d/b/a CHOMCHOM ROLLER. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet)(ECKENTHAL, AARON) |
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