Autronic Plastics, Inc. v. Apogee Lighting, Inc. et al
| AUTRONIC PLASTICS, INC. D/B/A CLEARVU LIGHTING, Autronic Plastics, Inc. and Autronic Plastics, Inc. doing business as Clear-Vu Lighting LLC |
| APOGEE TRANSLITE, INC., LYNNE B. ENTERPRISES INC., APOGEE LIGHTING HOLDINGS, LLC and APOGEE LIGHTING, INC. |
| 2:2019cv06268 |
| November 6, 2019 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| Steven Tiscione |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 16, 2021. A more recent docket listing may be available from PACER.
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Filing 39
Letter regarding service of Plaintiff's Motion to Dismiss by Autronic Plastics, Inc. (Maier, Robert)
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ORDER: By Order dated March 11, 2020 in a related action, the Court ordered this action consolidated with the related action. (See Order dated Mar. 11, 2020, Autronic Plastics, Inc. v. Smalls Electrical Construction, Inc., 20-cv-470.) Accordingly, the Court directs the Clerk of Court to consolidate this action with the related action, Autronic Plastics, Inc. v. Smalls Electrical Construction, Inc., 20-cv-470. Ordered by Judge Margo K. Brodie on 3/12/2020. (Schindler, Emma)
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Case Consolidated. Associated Cases: 2:19-cv-06268-MKB-ST, 1:20-cv-00470-MKB (Piper, Francine)
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Filing 38
Minute Entry for Initial Conference Hearing held on 3/3/2020 before Magistrate Judge Steven Tiscione: Maier, Tempesta, Faragi for Plaintiff; David for Defendants. The Court sets the following discovery deadlines:Deadline for completion of Rule 26(a) initial disclosures - 3/20/20; Disclosure of Asserted Clams and Infringement Contentions - 4/7/20; Invalidity Contentions - 5/12/20; Completion of Phase I discovery - 5/12/20; Deadline for motions to join new parties or amend pleadings - 6/18/20; Parties to exchange list of claim terms that they believe require construction - 6/23/20; First requests for production of documents and interrogatories due by - 6/30/20; Parties shall exchange proposed constructions of the terms that need to be construed - 8/7/20; Parties shall file Joint Disputed Claim Terms Chart - 8/14/20;Parties' claim construction motions shall be fully briefed and filed by 9/28/20; All fact discovery to be completed by 10/30/20; Final Infringement Contention Due - 11/5/20; Final Invalidity Contentions Due - 11/12/20; Exchange of initial expert reports - 11/23/20; Exchange of rebuttal expert reports - 12/21/20; Expert depositions completed by - 1/29/21;All discovery completed by - 1/29/21; Final date to take first step in dispositive motion practice - 2/19/21.An in-person settlement conference will be held on June 30, 2020 at 11:00 a.m. Parties are to submit their respective settlement positions via ex parte electronic filing no later than June 27, 2020. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference. (FTR Log #11:08 - 11:48.) (Vasquez, Lea)
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Filing 37
TRANSCRIPT of Proceedings held on March 3, 2020, before Judge Tiscione. Court Transcriber: Aria Services, Inc., Telephone number 845-260-1377. Email address: aria@leinen.net. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/25/2020. Redacted Transcript Deadline set for 4/6/2020. Release of Transcript Restriction set for 6/2/2020. (Rocco, Christine)
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Filing 36
Letter MOTION for Leave to File Document /Motion to Dismiss or alternatively schedule a pre-motion conference by Autronic Plastics, Inc.. (Maier, Robert)
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ORDER granting #36 Motion for Leave to File. The Court adopts the parties' proposed briefing schedule for Plaintiff's anticipated motion to dismiss defendant's counterclaim. Plaintiff shall serve its moving papers on or before March 13, 2020; defendant shall serve its opposition on or before March 27, 2020; and plaintiff shall serve its reply, if any, and each party shall file the fully-briefed motion on April 3, 2020. Ordered by Judge Margo K. Brodie on 3/4/2020. (Williams, Tenisha)
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Filing 35
Letter from counsel for Defendants to Mag. Judge Tiscione re Motion for a Stay filed in Civil Action No. 1:20-cv-00470 by Apogee Lighting Holdings, LLC, Lynne B. Enterprises Inc. (Solo, Alexander)
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Filing 34
Letter regarding and submitting Discovery Plan Worksheet by Autronic Plastics, Inc. (Attachments: #1 Discovery Plan Worksheet) (Maier, Robert)
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Filing 33
AMENDED ANSWER to #1 Complaint,, , COUNTERCLAIM against Autronic Plastics, Inc. by Lynne B. Enterprises Inc., Apogee Lighting Holdings, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (David, Jonathan)
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Filing 32
NOTICE of Appearance by Gregory S. Gewirtz on behalf of Apogee Lighting Holdings, LLC, Lynne B. Enterprises Inc. (notification declined or already on case) (Gewirtz, Gregory)
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ORDER granting #31 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application #31 submitted by Gregory S. Gewirtz for Defendants and found it to be in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notifications of activity in this case. The attorney shall ensure that the $150 admission fee is submitted or has been submitted to the Clerk's Office. So Ordered by Magistrate Judge Steven Tiscione on 2/24/2020. (Vasquez, Lea)
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Filing 31
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-12407547. by Apogee Lighting Holdings, LLC, Lynne B. Enterprises Inc.. (Attachments: #1 Affidavit in Support of Motion, #2 Certificate of Good Standing, #3 Proposed Order) (Gewirtz, Gregory)
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Filing 30
Letter regarding Notice of Related Case by Autronic Plastics, Inc. (Maier, Robert)
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Filing 29
STATUS REPORT via Joint letter by Autronic Plastics, Inc. (Maier, Robert)
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Filing 28
Joint MOTION to Adjourn Conference (Joint letter motion requesting that the Court reschedule the initial conference currently scheduled for March 11, 2020) by Apogee Lighting Holdings, LLC, Lynne B. Enterprises Inc.. (David, Jonathan)
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ORDER granting #28 Motion to Adjourn Conference: The initial conference scheduled for March 11th will instead be held at 11:00 a.m. on March 3, 2020. The discovery plan worksheet will now be due by February 28th. So Ordered by Magistrate Judge Steven Tiscione on 1/9/2020. (Vasquez, Lea)
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Filing 27
SCHEDULING ORDER: An in-person initial conference will be held at 12:00 p.m. before the undersigned on March 11, 2020 in Hearing Room N504 in the North Wing. Counsel for all parties must attend. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than March 9th. So Ordered by Magistrate Judge Steven Tiscione on 1/8/2020. (Vasquez, Lea)
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Filing 26
NOTICE of Appearance by Jonathan Andrew David on behalf of Apogee Lighting Holdings, LLC, Lynne B. Enterprises Inc. (notification declined or already on case) (David, Jonathan)
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CASE REASSIGNED INTO PATENT PILOT PROGRAM. Case reassigned to Judge Margo K. Brodie for all further proceedings. Judge Roslynn R. Mauskopf no longer assigned to case (Marziliano, August)
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Filing 25
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-12159688. by Apogee Lighting Holdings, LLC, Lynne B. Enterprises Inc.. (Attachments: #1 Affidavit in Support of Motion, #2 Certificates of Good Standing, #3 Proposed Order) (David, Jonathan)
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Filing 24
REPLY to Response to Motion re #19 Letter MOTION for Preliminary Injunction with Temporary Restraining Order (Apogee's Reply and Notice of Withdrawal of Request for a Preliminary Injunction) filed by Apogee Lighting Holdings, LLC, Lynne B. Enterprises Inc.. (Solo, Alexander)
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ORDER: The parties' request for an extension of time, #23 , is granted. On or before 2/1/2020, the parties shall submit a joint letter updating the Court on the status of settlement discussions, and, if necessary, proposing a briefing schedule for plaintiff to move to dismiss, or otherwise respond to, defendant's counterclaims. Plaintiff's time to respond to defendant's counterclaims is extended until 21 days after this Court's order on any motion to dismiss, or until further order of the Court. Ordered by Judge Roslynn R. Mauskopf on 12/16/2019. (Walchak, David)
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ORDER granting #25 Motion for Leave to Appear Pro Hac Vice: Having reviewed the Pro Hac Vice application #25 submitted by Jonathan A. David for Defendants/Counterclaim Plaintiffs and found it to be in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notifications of activity in this case. The attorney shall ensure that the $150 admission fee is submitted or has been submitted to the Clerk's Office. So Ordered by Magistrate Judge Steven Tiscione on 12/16/2019. (Vasquez, Lea)
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ORDER finding as moot #19 Motion for Preliminary Injunction pursuant to the Notice of Withdrawal filed by Apogee (Doc. No. #24 ). Ordered by Judge Roslynn R. Mauskopf on 12/16/2019. (Mauskopf, Roslynn)
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PATENT PILOT REASSIGNMENT ORDER. The Clerk of Court is directed to reassign this case to a District Judge from the patent pilot wheel. Ordered by Judge Roslynn R. Mauskopf on 12/16/2019. (Mauskopf, Roslynn)
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Filing 23
Letter filed Jointly regarding proposed briefing schedule for Plaintiffs motion to dismiss Defendants tortious interference counterclaims. by Autronic Plastics, Inc. (Maier, Robert)
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Filing 22
NOTICE of Appearance by Aaron Hunter Jagoda on behalf of Autronic Plastics, Inc. (aty to be noticed) (Jagoda, Aaron)
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Filing 21
MEMORANDUM in Opposition re #16 Unsigned Order to Show Cause, #2 Proposed Summons/Civil Cover Sheet filed by Autronic Plastics, Inc.. (Attachments: #1 Exhibit 1 - email, #2 Declaration of R. Maier in Support) (Maier, Robert)
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SCHEDULING ORDER: The parties shall appear before the undersigned tomorrow, December 5, 2019 at 2:30 pm on the Motion for a Temporary Restraining Order and Preliminary Injunction (Doc. Nos. #16 - #19 ) filed by Apogee (defendant and counterclaim plaintiff). Autronic (plaintiff and counterclaim defendant) shall file papers in response to the motion by 12:00 noon on December 5. Ordered by Judge Roslynn R. Mauskopf on 12/4/2019. (Mauskopf, Roslynn)
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Filing 20
NOTICE of Appearance by Roy H. Wepner on behalf of Apogee Lighting Holdings, LLC, Lynne B. Enterprises Inc. (aty to be noticed) (Wepner, Roy)
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Filing 19
Letter MOTION for Preliminary Injunction with Temporary Restraining Order by Apogee Lighting Holdings, LLC, Lynne B. Enterprises Inc.. (Solo, Alexander)
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Filing 18
DECLARATION re #16 Unsigned Order to Show Cause (Declaration as to Compliance with Local Civil Rule 6.1(d) and Fed. R. Civ. P. P. 65(b)) by Apogee Lighting Holdings, LLC, Lynne B. Enterprises Inc. (Solo, Alexander)
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Filing 17
MEMORANDUM in Support re #16 Unsigned Order to Show Cause for Preliminary Injunction with Temporary Restraining Order filed by Apogee Lighting Holdings, LLC, Lynne B. Enterprises Inc.. (Solo, Alexander)
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Filing 16
Unsigned Order to Show Cause for Preliminary Injunction with Temporary Restraining Order by Apogee Lighting Holdings, LLC, Lynne B. Enterprises Inc. (Solo, Alexander)
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Filing 15
Corporate Disclosure Statement by Apogee Lighting Holdings, LLC, Apogee Lighting, Inc., Apogee Translite, Inc., Lynne B. Enterprises Inc. (Solo, Alexander)
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Filing 14
ANSWER to #1 Complaint,, , COUNTERCLAIM for Tortious Interference with Contractual Relations, Tortious Interference with Prospective Business Advantage, and for Declaratory Judgment of Noninfringement and Invalidity against Autronic Plastics, Inc. by Lynne B. Enterprises Inc., Apogee Translite, Inc., Apogee Lighting Holdings, LLC, Apogee Lighting, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Solo, Alexander)
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CASE REASSIGNED INTO PATENT PILOT PROGRAM. Case reassigned to Magistrate Judge Steven Tiscione for all further proceedings. Magistrate Judge Robert M. Levy no longer assigned to case. (Corsini, Alexander)
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Filing 13
Summons Issued as to All Defendants. (Attachments: #1 Summons Apogee Translite, Inc., #2 Summons Apogee Lighting Holdings, LLC, #3 Summons Lynne B. Enterprises Inc.) (Rodin, Deanna)
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Filing 12
Notice of Report on the filing of an action regarding a Patent. (Rodin, Deanna)
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Filing 11
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Rodin, Deanna)
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Filing 10
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna)
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Incorrect Document Entry Information. Defendants were added to the case incorrectly; docket entry 1 was deleted and re-entered against corrected defendants. (Rodin, Deanna)
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Case Assigned to Judge Roslynn R. Mauskopf and Magistrate Judge Robert M. Levy. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Rodin, Deanna)
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This is a patent case and is eligible for the Patent Pilot Project. (Rodin, Deanna)
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PATENT PILOT REASSIGNMENT ORDER. The Clerk of Court is directed to reassign this case from the patent pilot wheel. Ordered by Magistrate Judge Robert M. Levy on 11/7/2019. (Marino, Janine)
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Filing 1
COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Autronic Plastics, Inc.. (Attachments: #1 Exhibit 1 - USP 9625139, #2 Exhibit 2 - USP 9909748, #3 Exhibit 3 - 10190760, #4 Exhibit 4 - archive.org webpage, #5 Exhibit 5 - Infrastructure Products, #6 Exhibit 6 - specsheet, #7 Exhibit 7 - '139 claim chart, #8 Exhibit 8 - '748 claim chart, #9 Exhibit 9 - '760 claim chart) (Rodin, Deanna) Modified on 11/7/2019 (Rodin, Deanna).
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FILING FEE: $400, receipt number ANYEDC-12017522 (Rodin, Deanna)
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Filing 9
NOTICE of Appearance by Eric Joseph Faragi on behalf of AUTRONIC PLASTICS, INC. D/B/A CLEARVU LIGHTING (aty to be noticed) (Faragi, Eric)
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Filing 8
NOTICE of Appearance by Jennifer Cozeolino Tempesta on behalf of AUTRONIC PLASTICS, INC. D/B/A CLEARVU LIGHTING (aty to be noticed) (Tempesta, Jennifer)
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Filing 7
Corporate Disclosure Statement by AUTRONIC PLASTICS, INC. D/B/A CLEARVU LIGHTING (Maier, Robert)
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Filing 6
Proposed Summons. Re #1 Complaint,, by AUTRONIC PLASTICS, INC. D/B/A CLEARVU LIGHTING (Maier, Robert)
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Filing 5
Proposed Summons. Re #1 Complaint,, by AUTRONIC PLASTICS, INC. D/B/A CLEARVU LIGHTING (Maier, Robert)
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Filing 4
Proposed Summons. Re #1 Complaint,, by AUTRONIC PLASTICS, INC. D/B/A CLEARVU LIGHTING (Maier, Robert)
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Filing 3
Proposed Summons. Re #1 Complaint,, by AUTRONIC PLASTICS, INC. D/B/A CLEARVU LIGHTING (Maier, Robert)
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Filing 2
Civil Cover Sheet.. Re #1 Complaint,, by AUTRONIC PLASTICS, INC. D/B/A CLEARVU LIGHTING (Maier, Robert)
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