Nuhn Industries Ltd. v. Atlas Ag Services, LLC
Counter Defendant: Nuhn Industries Ltd.
Counter Claimant: Atlas Ag Services, LLC
Case Number: 1:2023cv00368
Filed: April 27, 2023
Court: US District Court for the Western District of New York
Presiding Judge: H Kenneth Schroeder
Referring Judge: John L Sinatra
Nature of Suit: Patent
Cause of Action: 15 U.S.C. ยง 1126 Patent Infringement
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on February 12, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 23, 2023 Filing 11 TEXT ORDER re #9 MOTION to Stay pending the outcome of the litigation Nuhn commenced against the real party in interest, Bazooka Farmstar, LLC in the Southern District of Iowa and bearing the caption Nuhn Industries, Ltd. v. Bazooka Farmstar, LLC, No. 3:22-cv-15- filed by Atlas Ag Services, LLC: Responses due by 7/28/2023., Replies due by 8/18/2023.Issued by Hon. H. Kenneth Schroeder Jr. on 6/23/2023. (KER)
June 23, 2023 Filing 10 TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. H. Kenneth Schroeder Jr., United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 6/23/2023. (KLH)
June 22, 2023 Filing 9 MOTION to Stay pending the outcome of the litigation Nuhn commenced against the real party in interest, Bazooka Farmstar, LLC in the Southern District of Iowa and bearing the caption Nuhn Industries, Ltd. v. Bazooka Farmstar, LLC, No. 3:22-cv-15-SMR (S.D. Iowa) (cases consolidated on April 7, 2023) by Atlas Ag Services, LLC. (Attachments: #1 Memorandum in Support)(Scherer, Richard)
June 22, 2023 Filing 8 Corporate Disclosure Statement by Atlas Ag Services, LLC. (Scherer, Richard)
June 22, 2023 Filing 7 ANSWER to #1 Complaint,,, , COUNTERCLAIM against Nuhn Industries Ltd. by Atlas Ag Services, LLC. (Attachments: #1 Exhibit A - Website Publication, #2 Exhibit B - Manure Manager Publication, #3 Exhibit C - Prior Sales, #4 Exhibit 1 - '557 Patent, #5 Exhibit 2 - Royle Patent, #6 Exhibit 3 - Remley Patent, #7 Exhibit 4 - Puck Patent, #8 Exhibit 5 - Bennett Patent, #9 Exhibit 6 - '557 Patent Prosecution History, #10 Exhibit 7 - '425 Patent, #11 Exhibit 8 - Office Action, #12 Exhibit 9 - '425 Patent Prosecution History, #13 Exhibit 10 - '835 Patent, #14 Exhibit 11 - '835 Patent Prosecution History, #15 Exhibit 12 - Carrier Patent, #16 Exhibit 13 - '708 Patent, #17 Exhibit 14 - '708 Patent Prosecution History, #18 Exhibit 15 - Website Publication, #19 Exhibit 16 - Manure Manager Publication, #20 Exhibit 17 - Prior Sales, #21 Exhibit 18 - Office Acton, #22 Exhibit 19 - Notice of Intent to Reissue)(Scherer, Richard)
June 22, 2023 ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(CGJ)
May 16, 2023 Filing 6 TEXT ORDER granting #5 Consent Motion for Extension of Time to Answer. Defendant Atlas Ag Services, LLC shall answer or otherwise respond to the complaint by 6/22/2023. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 5/16/2023. (KEF)
May 16, 2023 Filing 5 Consent MOTION for Extension of Time to File Answer re #1 Complaint,,, by Atlas Ag Services, LLC.(Scherer, Richard)
May 9, 2023 Filing 4 Corporate Disclosure Statement by Nuhn Industries Ltd.. (Bauer, William)
May 2, 2023 ATTENTION CORPORATION PLAINTIFFS OR INTERVENORS: Pursuant to Fed. R. Civ. P.7.1 and/or General Order No. 157. In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Corporate Disclosure Statements are to be filed within seven (7) days of this notice. (KM)
April 28, 2023 Filing 3 Report on the Filing or Determination of Patent or Trademark Case sent to USPTO. (Attachments: #1 Complaint) (TMK)
April 28, 2023 Filing 2 Summons Issued as to Atlas Ag Services, LLC. (TMK)
April 28, 2023 Case Assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of on-line civil case opening. (TMK)
April 28, 2023 AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK)
April 28, 2023 Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (TMK)
April 27, 2023 Filing 1 COMPLAINT for Patent Infringement against Atlas Ag Services, LLC $ 402 receipt number ANYWDC-4859012, filed by Nuhn Industries Ltd.. (Attachments: #1 Exhibit 1 - '557 BS Patent, #2 Exhibit 2 - '557 Reexamination Certificate, #3 Exhibit 3 - '425 B1 Patent, #4 Exhibit 4 - '425 Reexamination Certificate, #5 Exhibit 5 - '835 Patent, #6 Exhibit 6 - '708 Patent, #7 Exhibit 7 - Atlas Ag Facebook Posts, #8 Exhibit 8 - '557 Infringement Claim Chart, #9 Exhibit 9 - '425 Infringement Claim Chart, #10 Exhibit 10 - '835 Infringement Claim Chart, #11 Exhibit 11 - '708 Infringement Claim Chart, #12 Civil Cover Sheet, #13 Exhibit Proposed Summons)(Bauer, William)

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Counter defendant: Nuhn Industries Ltd.
Represented By: William G. Bauer
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Counter claimant: Atlas Ag Services, LLC
Represented By: Richard Mark Scherer, Jr.
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