A.L. Enterprises, Inc. v. Electric Eel, Inc.
Counter Defendant: A.L. Enterprises, Inc.
Counter Claimant: Electric Eel, Inc.
Case Number: 1:2023cv07398
Filed: August 21, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Lorna G Schofield
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271 Patent Infringement
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on December 22, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 17, 2023 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for Lawrence J. Crain to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., #24 MOTION for Andrew Burnham to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
October 16, 2023 Filing 24 MOTION for Andrew Burnham to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by A.L. Enterprises, Inc.. (Attachments: #1 Affidavit of Andrew Burnham, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order To Admit Andrew Burnham Pro Hac Vice).(Pezzano, Tony)
October 16, 2023 Filing 23 MOTION for Lawrence J. Crain to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by A.L. Enterprises, Inc.. (Attachments: #1 Affidavit of Lawrence J. Crain, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order To Admit Lawrence J. Crain Pro Hac Vice).(Pezzano, Tony)
October 16, 2023 Opinion or Order Filing 22 ORDER, A Telephone Conference to schedule a Settlement Conference is scheduled for Monday, November 6, 2023 at 2:00 pm on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. SO ORDERED. ( Telephone Conference set for 11/6/2023 at 02:00 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 10/16/23) (yv)
October 13, 2023 Opinion or Order Filing 21 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Sarah L Cave. (Signed by Judge Lorna G. Schofield on 10/13/2023) (ate)
October 11, 2023 Filing 20 PROPOSED CASE MANAGEMENT PLAN. Document filed by A.L. Enterprises, Inc...(Pezzano, Tony)
October 11, 2023 Filing 19 JOINT LETTER addressed to Judge Lorna G. Schofield from Tony V. Pezzano and Lee A. Goldberg dated October 11, 2023 re: Initial Pretrial Conference Joint Letter. Document filed by A.L. Enterprises, Inc...(Pezzano, Tony)
October 6, 2023 Filing 18 NOTICE OF APPEARANCE by Donald Luther Rhoads on behalf of Electric Eel, Inc...(Rhoads, Donald)
October 3, 2023 Filing 17 ANSWER to #1 Complaint,, with JURY DEMAND., COUNTERCLAIM against A.L. Enterprises, Inc.. Document filed by Electric Eel, Inc.. (Attachments: #1 Exhibit 1).(Goldberg, Lee)
October 3, 2023 Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Electric Eel, Inc...(Goldberg, Lee)
September 29, 2023 Filing 15 NOTICE OF APPEARANCE by Lee A. Goldberg on behalf of Electric Eel, Inc...(Goldberg, Lee)
September 27, 2023 Filing 14 MEMO ENDORSEMENT: on re: #13 Letter filed by Electric Eel, Inc., Electric Eel, Inc. answer due 10/3/2023. ENDORSEMENT: Application GRANTED. Defendant shall answer or otherwise respond to the Complaint by October 3, 2023. The initial pretrial conference scheduled for October 11, 2023, is adjourned to October 25, 2023, at 4:00 P.M. At that time, the parties shall call 888-363-4749 and enter the access code 558-3333. The deadline for the parties to file the joint letter and proposed case management plan is extended to October 11, 2023. ( Initial Conference set for 10/25/2023 at 04:00 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 9/27/2023) (ama)
September 26, 2023 Filing 13 LETTER addressed to Judge Lorna G. Schofield from Lee A. Goldberg dated September 26, 2023 re: request an extension of time to answer or otherwise respond to the complaint. Document filed by Electric Eel, Inc...(Goldberg, Lee)
September 20, 2023 Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Andrew Burnham to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28316296. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by A.L. Enterprises, Inc.. (Attachments: #1 Affidavit Certification of Andrew Burnham, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order Proposed Order).(Pezzano, Tony) Modified on 9/20/2023 (sgz).
September 20, 2023 Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Lawrence J. Crain to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28316246. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by A.L. Enterprises, Inc.. (Attachments: #1 Affidavit Certification of Lawrence J. Crain, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order Proposed Order).(Pezzano, Tony) Modified on 9/20/2023 (sgz).
September 20, 2023 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #11 MOTION for Lawrence J. Crain to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28316246. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Illinois;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz)
September 20, 2023 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #12 MOTION for Andrew Burnham to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28316296. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Illinois;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz)
September 1, 2023 Filing 10 NOTICE of Tony V. Pezzano regarding the Courts August 23, 2023 Order (ECF Doc. No. 7) and its service upon opposing counsel with the Courts Individual Practices and Rules re: #7 Order for Initial Pretrial Conference,. Document filed by A.L. Enterprises, Inc.. (Attachments: #1 Exhibit A - Email Chain).(Pezzano, Tony)
September 1, 2023 Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Electric Eel, Inc. served on 8/30/2023, answer due 9/20/2023. Service was accepted by Sue Zouky, an agent of the Secretary of State of the State of New York. Document filed by A.L. Enterprises, Inc...(Pezzano, Tony)
August 24, 2023 Filing 8 ELECTRONIC SUMMONS ISSUED as to Electric Eel, Inc...(jgo)
August 23, 2023 Opinion or Order Filing 7 ORDER The parties shall call (888) 363-4749 and enter passcode 558-3333. IPTC MATERIALS DUE: October 4, 2023 at noon. (And as further set forth herein.) Initial Conference set for 10/11/2023 at 04:00 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 8/23/2023) (jca)
August 23, 2023 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Electric Eel, Inc., re: #1 Complaint,,. Document filed by A.L. Enterprises, Inc...(Pezzano, Tony)
August 22, 2023 Filing 5 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)..(vf)
August 22, 2023 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Tony V. Pezzano. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (vf)
August 22, 2023 Magistrate Judge Sarah L. Cave 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. (vf)
August 22, 2023 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..(vf)
August 22, 2023 Case Designated ECF. (vf)
August 21, 2023 Filing 4 AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Pezzano, Tony)
August 21, 2023 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by A.L. Enterprises, Inc...(Pezzano, Tony)
August 21, 2023 Filing 2 CIVIL COVER SHEET filed..(Pezzano, Tony)
August 21, 2023 Filing 1 COMPLAINT against Electric Eel, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-28176323)Document filed by A.L. Enterprises, Inc.. (Attachments: #1 Exhibit A - Electric Eel Package, #2 Exhibit B - United States Trademark Registration Number 3,705,740, #3 Exhibit C - United States Patent and Trademark Office Trademark Status & Document Retrieval (TSDR), #4 Exhibit D - 296 Patent, #5 Exhibit E - 431 Patent, #6 Exhibit F - Offer for Sale, #7 Exhibit G - Photographs, #8 Exhibit H - Claim Chart, #9 Exhibit I - Claim Chart).(Pezzano, Tony)

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Counter defendant: A.L. Enterprises, Inc.
Represented By: Tony V. Pezzano
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Counter claimant: Electric Eel, Inc.
Represented By: Lee A. Goldberg
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