The Fort Miller Co., Inc. v. ECCO III Enterprises, Inc. et al
Plaintiff: The Fort Miller Co., Inc.
Defendant: ECCO III Enterprises, Inc. and Binghamton Precast and Supply Corp.
Case Number: 1:2019cv10285
Filed: November 5, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: John G Koeltl
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 19, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 23, 2019 Opinion or Order Filing 23 ORDER: The Clerk is directed to close Docket Number 16. SO ORDERED. Motions terminated: #16 FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge John G. Koeltl from Albert J. Millus, Jr., Esq. dated December 10, 2019. filed by ECCO III Enterprises, Inc., Binghamton Precast and Supply Corp. (Signed by Judge John G. Koeltl on 12/22/2019) (va)
December 16, 2019 Filing 22 ANSWER to #1 Complaint,,. Document filed by Binghamton Precast and Supply Corp., ECCO III Enterprises, Inc..(Millus, Albert)
December 13, 2019 Filing 21 NOTICE OF APPEARANCE by George R. McGuire on behalf of Binghamton Precast and Supply Corp., ECCO III Enterprises, Inc.. (McGuire, George)
December 11, 2019 Filing 20 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Binghamton Precast and Supply Corp..(Millus, Albert)
December 11, 2019 Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by ECCO III Enterprises, Inc..(Millus, Albert)
December 11, 2019 Filing 18 NOTICE OF APPEARANCE by Albert John Millus, Jr on behalf of Binghamton Precast and Supply Corp., ECCO III Enterprises, Inc.. (Millus, Albert)
December 10, 2019 Opinion or Order Filing 17 STIPULATION: It is hereby stipulated, by the undersigned counsel for plaintiff The Fort Miller Co., Inc. and defendants ECCO III Enterprises, Inc. and Binghamton Precast & Supply Corp, that defendants' time to respond to plaintiffs complaint is hereby extended until December 16, 2019. SO ORDERED. Motions terminated: #15 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,, addressed to Magistrate Judge Gabriel W. Gorenstein from Albert J. Millus, Jr., Esq. dated December 9, 2019. filed by ECCO III Enterprises, Inc., Binghamton Precast and Supply Corp. (Signed by Judge John G. Koeltl on 12/10/2019) (ks) Binghamton Precast and Supply Corp. answer due 12/16/2019; ECCO III Enterprises, Inc. answer due 12/16/2019. Modified on 12/10/2019 (ks).
December 10, 2019 Filing 16 FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,, addressed to Judge John G. Koeltl from Albert J. Millus, Jr., Esq. dated December 10, 2019. Document filed by Binghamton Precast and Supply Corp., ECCO III Enterprises, Inc.. (Attachments: #1 Stipulation to Extend Time, #2 Letter Motion Addressed to Magistrate Judge Gorenstein)(Millus, Albert)
December 9, 2019 Filing 15 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,, addressed to Magistrate Judge Gabriel W. Gorenstein from Albert J. Millus, Jr., Esq. dated December 9, 2019. Document filed by Binghamton Precast and Supply Corp., ECCO III Enterprises, Inc.. (Attachments: #1 Stipulation to Extend Time)(Millus, Albert)
December 9, 2019 Minute Entry for proceedings held before Judge John G. Koeltl: Initial Conference set for 2/10/2020 at 04:30 PM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (Fletcher, Donnie)
November 26, 2019 Filing 14 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Binghamton Precast and Supply Corp. served on 11/18/2019, answer due 12/9/2019. Service was accepted by Nancy Dougherty, a Business Document Specialist. Document filed by The Fort Miller Co., Inc.. (Meola, Anthony)
November 26, 2019 Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint,,. ECCO III Enterprises, Inc. served on 11/18/2019, answer due 12/9/2019. Service was accepted by Nancy Dougherty. Document filed by The Fort Miller Co., Inc.. (Meola, Anthony)
November 13, 2019 Opinion or Order Filing 12 AMENDED STANDING ORDER IN RE IMPLEMENTATION OF PATENT PILOT PROGRAM IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 21, 2011). It appearing that the Court has elected to participate in the Pilot Project for Patent Cases established pursuant to Pub L. No. 111-349, 124 Stat. 3674. Therefore, effective November 21, 2011, the Court's participation in the Patent Pilot Project will commence and shall include pro se cases. The Pilot program will be subject to the following procedures: When a designated Pilot judge receives a patent case on initial assignment, the case shall be assigned to that judge for all purposes, without further notice to the Assignment Committee and the Case Assignment Unit.... (Signed by Judge Loretta A. Preska on 03/29/2012) (bcu)
November 13, 2019 NOTICE OF CASE REASSIGNMENT to Judge John G. Koeltl, Patent Judge. Judge Kenneth M. Karas is no longer assigned to the case. (bcu)
November 13, 2019 Magistrate Judge Gabriel W. Gorenstein 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: #http://nysd.uscourts.gov/forms.php. (bcu)
November 7, 2019 Filing 11 NOTICE OF CHANGE OF ADDRESS by Anthony L. Meola, Jr on behalf of The Fort Miller Co., Inc.. New Address: Schmeiser, Olsen & Watts LLP, 3 Manhattanville Road, Suite 105, Purchase, NY, United States 10577, 9148251039. (Meola, Anthony)
November 7, 2019 Filing 10 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). (pc)
November 7, 2019 Filing 9 ELECTRONIC SUMMONS ISSUED as to ECCO III Enterprises, Inc.. (pc)
November 7, 2019 Filing 8 ELECTRONIC SUMMONS ISSUED as to Binghamton Precast and Supply Corp.. (pc)
November 7, 2019 Magistrate Judge Paul E. Davison 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: #http://nysd.uscourts.gov/forms.php. (pc)
November 7, 2019 Case Designated ECF. (pc)
November 7, 2019 Case Eligible for Patent Pilot Program. (pc)
November 7, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (pc)
November 6, 2019 Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Binghamton Precast and Supply Corp., re: #1 Complaint,,. Document filed by The Fort Miller Co., Inc.. (Meola, Anthony)
November 6, 2019 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to ECCO III Enterprises, Inc., re: #1 Complaint,,. Document filed by The Fort Miller Co., Inc.. (Meola, Anthony)
November 6, 2019 Filing 5 NOTICE OF APPEARANCE by Anthony L. Meola, Jr on behalf of The Fort Miller Co., Inc.. (Meola, Anthony)
November 6, 2019 Filing 4 AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Meola, Anthony)
November 6, 2019 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Fort Miller Group, Inc. for The Fort Miller Co., Inc.. Document filed by The Fort Miller Co., Inc..(Meola, Anthony)
November 6, 2019 Filing 2 CIVIL COVER SHEET filed. (Meola, Anthony)
November 6, 2019 Filing 1 COMPLAINT against Binghamton Precast and Supply Corp., ECCO III Enterprises, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-17904742)Document filed by The Fort Miller Co., Inc.. (Attachments: #1 Exhibit A - U.S. Pat. No. 6,962,462, #2 Exhibit B - Patent Marking Sticker, #3 Exhibit C - 4.10.18 Quotation to ECCO III, #4 Exhibit D - Binghamton's First FSD, #5 Exhibit E - Binghamton's Accepted FSD, #6 Exhibit F - Notice Letter to ECCO III, #7 Exhibit G - Notice Letter to Binghamton)(Meola, Anthony)
November 6, 2019 ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Meola, Anthony L., Jr to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 11/12/2019. (pc)
November 6, 2019 ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Meola, Anthony L., Jr. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc)

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Defendant: ECCO III Enterprises, Inc.
Represented By: George R. McGuire
Represented By: Albert John Millus, Jr.
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Defendant: Binghamton Precast and Supply Corp.
Represented By: George R. McGuire
Represented By: Albert John Millus, Jr.
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Plaintiff: The Fort Miller Co., Inc.
Represented By: Anthony L. Meola, Jr
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