Southeastern Metals Manufacturing Company, Inc. v. The Guttershutter Manufacturing Company et al
Plaintiff: Southeastern Metals Manufacturing Company, Inc.
Defendant: The Guttershutter Manufacturing Company doing business as The Guttershutter Company, The Guttershutter Company of New York and Mid-America Gutter, Inc.
Case Number: 1:2008cv00570
Filed: August 1, 2008
Court: US District Court for the Western District of New York
Office: Patent Office
County: Erie
Presiding Judge: Richard J Arcara
Referring Judge: Hugh B Scott
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 145 Patent Infringement
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on October 28, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 28, 2015 File is archived at the Federal Records Center. Location information: Accession 021-14-0566 Location KLS-01-OC-020-2-015-01-001 Box 15To obtain copies of documents for a fee, you may contact the Federal Records Center directly at their website: http://www.archives.gov/frc/. They will require the location information contained in this entry. You may also contact the Clerks Office to have the file shipped to the Court for your review or for copies of documents. Please refer to the current fee schedule to determine the cost to obtain documents or order the file for review. The fee schedule is located on our Public Web Site: http://www.nywd.uscourts.gov/fee-schedule (MD)
June 8, 2009 Opinion or Order Filing 27 ORDER of dismissal. Clerk of Court to close case. Signed by Hon. Richard J. Arcara on 6/8/2009. (JMB)
June 3, 2009 Filing 26 Mediation Certification by Hugh M. Russ, III(Russ, Hugh)
April 30, 2009 Filing 25 Mediation Certification by Hugh M. Russ, III(Russ, Hugh)
March 31, 2009 Filing 24 Mediation Certification by Hugh M. Russ, III(Russ, Hugh)
March 10, 2009 Opinion or Order Filing 23 ORDER OF MAGISTRATE JUDGE HUGH B. SCOTT TEXT OF THE ORDERThe parties have requested an extension of time, to March 31, 2009, to conduct the initial mediation session in this matter. The parties have demonstrated good cause for the extension. The motion is granted. So Ordered.Signed by Hon. Hugh B. Scott on 3/10/09.(JRA)
March 10, 2009 E-Filing Notification: #22 MOTION to Amend/Correct Scheduling Order is a letter filed as a motion. Letter's are not accepted by the court without prior permission from chambers. Document must be re-filed in the proper motion format. (DLC)
March 9, 2009 Filing 22 MOTION to Amend/Correct Scheduling Order by Southeastern Metals Manufacturing Company, Inc..(Keyhani, Dariush)
February 26, 2009 Filing 21 Stipulation-Selection of Mediator by The Guttershutter Manufacturing Company, The Guttershutter Company of New York, Mid-America Gutter, Inc.. (Martoche, Amy)
February 20, 2009 Filing 20 ANSWER to #19 Amended Complaint and Jury Demand by The Guttershutter Manufacturing Company, The Guttershutter Company of New York, Mid-America Gutter, Inc..(Martoche, Amy)
January 15, 2009 Filing 19 AMENDED COMPLAINT against all defendants, filed by Southeastern Metals Manufacturing Company, Inc.. (Attachments: #1 Exhibit '012 Patent, #2 Exhibit assignment of the '012 Patent, #3 Certificate of Service)(Keyhani, Dariush)
January 15, 2009 Amended Summons Issued as to Mid-America Gutter, Inc.. Modified on 1/15/2009. (DLC)
January 15, 2009 E-Filing Notification: Amended Summons Issued as to Mid-America Gutter, Inc.. Text edited. Modified on 1/15/2009. (DLC)
December 5, 2008 Filing 18 SUMMONS Returned Executed by Southeastern Metals Manufacturing Company, Inc.. The Guttershutter Company of New York served on 11/10/2008, answer due 12/1/2008. (Keyhani, Dariush)
December 2, 2008 Filing 17 ADR Notice and Plan electronically forwarded to attorneys. (DLC)
December 1, 2008 Filing 16 ANSWER to Complaint by The Guttershutter Company of New York.(Martoche, Amy)
November 28, 2008 E-Filing Notification: #15 AFFIDAVIT of Service for Summons and Complaint served on The Guttershutter Company of New York on November 10, 2008, filed by Southeastern Metals Manufacturing Company, Inc.. (filed by Keyhani, Dariush). Document must be re-filed using the event title Summons Returned Executed for system purposes to set answer deadline. (DLC)
November 26, 2008 Filing 15 AFFIDAVIT of Service for Summons and Complaint in a Civil Action served on The Guttershutter Company of New York on November 10, 2008, filed by Southeastern Metals Manufacturing Company, Inc.. (Keyhani, Dariush)
November 26, 2008 Opinion or Order Filing 14 SCHEDULING ORDER: Discovery completed by 11/30/2009. Motions due by 2/26/2010. Signed by Hon. Hugh B. Scott on 11/26/08. (JRA)
November 25, 2008 Filing 13 MINUTES OF PROCEEDINGS BEFORE MAGISTRATE JUDGE HUGH B. SCOTT Scheduling Conference held on 11/25/2008. Dariush Keyhani, Esq. for plaintiff; Amy Martoche, Esq. and James Liles, Esq. (by phone) for defendant Suttershutter Manufacturing Company. Defendant Guttershutter of N.Y. recently served, has not yet answered. Another entity, Mid-America Gutter, may be added as a defendant. At the plaintiff's request, the parties will have until 1/15/09 to move to amend the pleadings. The scheduling order will be modified to allow extended dates based upon presumption that Guttershutter of N.Y. and an additional party will appear shortly. (JRA)
November 18, 2008 Filing 12 DISCOVERY PLAN by Southeastern Metals Manufacturing Company, Inc., The Guttershutter Manufacturing Company.(Martoche, Amy)
November 12, 2008 Opinion or Order Filing 11 ORDER OF MAGISTRATE JUDGE HUGH B. SCOTT TEXT OF THE ORDERBy letter dated November 7, 2008, primary counsel for the defendant has requested permission to participate in the November 25, 2008 scheduling conference by telephone. The plaintiff does not object. The request is granted. All other counsel shall appear in person. The Court will initiate the telephone call; if counsel for the defendant will be at a telephone number other than the one listed on the docket, counsel shall provide such number to the Court at least 24-hours prior to the conference.So Ordered.Signed by Hon. Hugh B. Scott on 11/12/08. (JRA)
November 7, 2008 Summons Reissued as to The Guttershutter Manufacturing Company, The Guttershutter Company of New York. (JDK)
October 2, 2008 PHV fee paid for James D. Liles: $75.00, receipt number 9622. (DLC)
October 1, 2008 Remark - Confirmed admission to state bar for attorney James David Liles. (DLC)
September 30, 2008 Opinion or Order Filing 10 ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTORDER granting #9 Motion for Limited AdmissionUpon payment of admission fee and registration with Court's Electronic Case Filing system, James D. Liles, Esq., may appear pro hac vice for defendant. So Ordered. Signed by Hon. Hugh B. Scott on 9/30/2008. (DRH)
September 29, 2008 Filing 9 MOTION for Limited Admission of James D. Liles, Esq., by The Guttershutter Manufacturing Company.(Martoche, Amy)
September 29, 2008 Opinion or Order Filing 8 ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTORDERScheduling Conference set for Tues., 11/25/2008, 10:30 AM, before Hon. Hugh B. Scott. So Ordered. Signed by Hon. Hugh B. Scott on 9/29/2008. (DRH)
September 29, 2008 Opinion or Order Filing 7 ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTORDER denying #5 Motion for Limited AdmissionDenial without prejudice to applications from all attorneys defendant wishes to appear in this action.The Court will separately set a Scheduling Conference in this action.So Ordered. Signed by Hon. Hugh B. Scott on 9/29/2008. (DRH)
September 29, 2008 Opinion or Order Filing 6 ORDER REFERRING CASE to Magistrate Judge Hon. Hugh B. Scott. Signed by Hon. Richard J. Arcara on 9/29/2008. (JMB)
September 24, 2008 Filing 5 MOTION for Limited Admission of James D. Liles, Esq. by The Guttershutter Manufacturing Company. (Attachments: #1 Affidavit of James D. Liles, Esq.)(Martoche, Amy)
September 24, 2008 Filing 4 ANSWER to #1 Complaint by The Guttershutter Manufacturing Company.(Martoche, Amy)
August 1, 2008 Filing 3 Report on the Filing or Determination of Patent or Trademark Case sent to USPTO. (DLC) (DLC).
August 1, 2008 Filing 2 CORPORATE DISCLOSURE STATEMENT by Southeastern Metals Manufacturing Company, Inc. identifying Corporate Parent Gibraltar Industries, Inc. for Southeastern Metals Manufacturing Company, Inc... (DLC)
August 1, 2008 Filing 1 COMPLAINT against The Guttershutter Manufacturing Company, The Guttershutter Company of New York (Filing fee $350.00 receipt number 8727), filed by Southeastern Metals Manufacturing Company, Inc..(DLC)
August 1, 2008 AUTOMATIC REFERRAL to Mediation. (DLC)
August 1, 2008 Summons Issued as to The Guttershutter Manufacturing Company, The Guttershutter Company of New York. (DLC)

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Plaintiff: Southeastern Metals Manufacturing Company, Inc.
Represented By: Thomas J. Gaffney
Represented By: Dariush Keyhani
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Defendant: The Guttershutter Manufacturing Company doing business as The Guttershutter Company
Represented By: Amy C. Martoche
Represented By: James D. Liles
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Defendant: The Guttershutter Company of New York
Represented By: Amy C. Martoche
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Defendant: Mid-America Gutter, Inc.
Represented By: Amy C. Martoche
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