Rugged Cross Hunting Blinds, LLC v. DBR Finance, Inc.
Rugged Cross Hunting Blinds, LLC |
DBR Finance, Inc. |
1:2023cv01944 |
October 4, 2023 |
US District Court for the Northern District of Ohio |
J Philip Calabrese |
Patent |
35 U.S.C. § 271 Patent Infringement |
Both |
Docket Report
This docket was last retrieved on October 31, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Case electronically transferred to Western District of Wisconsin on 10/31/2023. Related document #65 . (H,Ch) |
Case transferred from Ohio Northern has been opened in Western District of Wisconsin as case 3:23-cv-00756, filed 10/31/2023. (S,HR) |
Filing 65 Opinion and Order: On its own motion, the Court TRANSFERS this case to the United States District Court of the Western District of Wisconsin for further proceedings in case number 3:22-cv-00690. Judge J. Philip Calabrese on October 30, 2023. (Y,A) |
Minutes of proceedings [non-document] before Judge J. Philip Calabrese. The Court held a status conference by Zoom on October 27, 2023. Robert L. Wolter and Una L. Lauricia appeared for Plaintiff. Dennis J. Abdelnour and Michael W. Vary appeared for Defendant. Counsel discussed the procedural propriety of the transfer of Plaintiff's claims against Defendant DBR Finance from the Western District of Wisconsin to the Northern District of Ohio. Counsel agreed that the transfer might not be proper under 28 U.S.C. 1404(a). Based on these discussions and the Court's independent review of the record, the Court will transfer the case back to the Western District of Wisconsin by separate order. Time: 20 minutes. (Y,A) |
Filing 64 Attorney Appearance by David M. Cuppage filed by on behalf of DBR Finance, Inc.. (Cuppage, David) |
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Filing 62 Joint Status Report filed by Rugged Cross Hunting Blinds, LLC. Related document(s) #57 .(Wolter, Robert) |
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Filing 61 Supplement to Motion for attorney Amber N. Davis to Appear Pro Hac Vice. Declaration of Amber N. Davisin filed by Rugged Cross Hunting Blinds, LLC. (Related document(s) #59 ) (Lauricia, Una) |
Filing 60 Supplement to Motion for attorney Robert L. Wolter to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12232350, - Declaration/Affidavit, filed by Rugged Cross Hunting Blinds, LLC. Related document(s) #58 . (Lauricia, Una) |
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Filing 59 Motion for attorney Amber N. Davis to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12232351, filed by Counter-Defendant Rugged Cross Hunting Blinds, LLC, Plaintiff Rugged Cross Hunting Blinds, LLC. (Attachments: #1 Affidavit)(Lauricia, Una) |
Filing 58 Motion for attorney Robert L. Wolter to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12232350, filed by Counter-Defendant Rugged Cross Hunting Blinds, LLC, Plaintiff Rugged Cross Hunting Blinds, LLC. (Attachments: #1 Affidavit)(Lauricia, Una) |
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Filing 56 Unopposed Motion for extension of time until November 18, 2023 to answer #27 Plaintiff Rugged Cross Hunting Blind's Second Amended Complaint with Attachment-Proposed Order filed by Defendant DBR Finance, Inc. (Abdelnour, Dennis) |
Filing 55 Attorney Appearance by Una L. Lauricia filed by on behalf of Rugged Cross Hunting Blinds, LLC. (Lauricia, Una) |
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Filing 54 Motion by Jennifer L. Gregor and Todd G. Smith to withdraw as attorney filed by Defendant DBR Finance, Inc.. (Abdelnour, Dennis) |
Filing 53 Attorney Appearance by Dennis J. Abdelnour on behalf of DBR Finance, Inc. (Abdelnour, Dennis) |
Filing 52 CASE TRANSFERRED IN from District of Wisconsin Western ad to Defendant DB Finance, Inc. only. Case number 3:22-cv-00690. Electronic file and docket sheet received. |
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Judge J. Philip Calabrese assigned to case. (S,HR) |
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (S,HR) |
Notice to Attorney Todd G. Smith. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
Notice to Attorney Jennifer Lynn Gregor. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
Notice to Attorney Amber Neilson Davis. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
Notice to Attorney Robert Lewis Wolter. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
Filing 50 Joint MOTION TO TRANSFER to Northern District of Ohio as to Defendant DBR Finance Inc. Only (Unopposed) by Counter Defendant Rugged Cross Hunting Blinds, LLC, Plaintiff Rugged Cross Hunting Blinds, LLC. Brief in Opposition due 10/23/2023. Brief in Reply due 11/2/2023. (Wolter, Robert) [Transferred from wiwd on 10/4/2023.] |
Filing 49 Motion for Leave to File a Third Amended Complaint by Plaintiff Rugged Cross Hunting Blinds, LLC. Brief in Opposition due 10/10/2023. Brief in Reply due 10/17/2023. (Davis, Amber) Modified on 9/26/2023: E-mail sent to counsel. (lak) [Transferred from wiwd on 10/4/2023.] |
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Filing 47 Redaction to #45 Brief in Opposition, by Counter Defendant Rugged Cross Hunting Blinds, LLC, Plaintiff Rugged Cross Hunting Blinds, LLC (Wolter, Robert) [Transferred from wiwd on 10/4/2023.] |
Filing 45 Brief in Opposition by Counter Defendant Rugged Cross Hunting Blinds, LLC, Plaintiff Rugged Cross Hunting Blinds, LLC re: #35 Motion to Dismiss filed by DBR Finance, Inc. (Sealed Document) (Attachments: #1 Exhibit A - Asset Purchase Agreement, #2 Exhibit Transition Services Agreement, #3 Exhibit C - Consulting Agreement, #4 Exhibit D - Correspondence, #5 Exhibit E - Answers to Interrogatories) (Wolter, Robert) [Transferred from wiwd on 10/4/2023.] |
Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 9/20/2023 [:10] (cak) [Transferred from wiwd on 10/4/2023.] |
Filing 44 Joint Discovery Plan (Wolter, Robert) [Transferred from wiwd on 10/4/2023.] |
Filing 43 Notice of Appearance filed by Jennifer Lynn Gregor for Defendant DBR Finance, Inc.. (Gregor, Jennifer) [Transferred from wiwd on 10/4/2023.] |
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Filing 41 Unopposed Motion for Extension of Time to Respond to Motion to Dismiss and Memorandum of Law in Support Thereof by Counter Defendant Rugged Cross Hunting Blinds, LLC, Plaintiff Rugged Cross Hunting Blinds, LLC. (Wolter, Robert) Modified on 9/5/2023. (lak) [Transferred from wiwd on 10/4/2023.] |
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Filing 39 Motion to Admit Dennis Abdelnour Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number AWIWDC-3297786.) by Defendant DBR Finance, Inc.. (Abdelnour, Dennis) [Transferred from wiwd on 10/4/2023.] |
Set Telephone Pretrial: Telephone Pretrial Conference set for 9/20/2023 at 02:30 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [#Standing Order Governing Preliminary Pretrial Conference attached] (nln) [Transferred from wiwd on 10/4/2023.] |
Filing 38 Corporate Disclosure Statement by Defendant DBR Finance, Inc.. (Smith, Todd) [Transferred from wiwd on 10/4/2023.] |
Filing 37 Declaration of Dan Reaser filed by Defendant DBR Finance, Inc. re: #35 Motion to Dismiss (Smith, Todd) [Transferred from wiwd on 10/4/2023.] |
Filing 36 Brief in Support of #35 Motion to Dismiss for Improper Venue by Defendant DBR Finance, Inc. (Smith, Todd) [Transferred from wiwd on 10/4/2023.] |
Filing 35 MOTION TO DISMISS for Improper Venue by Defendant DBR Finance, Inc.. Brief in Opposition due 9/18/2023. Brief in Reply due 9/28/2023. (Smith, Todd) [Transferred from wiwd on 10/4/2023.] |
Filing 34 Notice of Appearance filed by Todd G. Smith for Defendant DBR Finance, Inc.. (Smith, Todd) [Transferred from wiwd on 10/4/2023.] |
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Filing 32 Affidavit of Craig S. Krummen filed by Defendant FeraDyne Outdoors, LLC re: #31 MOTION for Extension of Time (Attachments: #1 Exhibit A- Email regarding Defendant DBR Participation in Motion for Extension of Time regarding Pretrial Schedule Deadlines and Dates) (Krummen, Craig) [Transferred from wiwd on 10/4/2023.] |
Filing 31 Motion for Extension of Time with regard to Pretrial Schedule Deadlines and Dates by Defendant FeraDyne Outdoors, LLC. (Attachments: #1 Text of Proposed Order) (Krummen, Craig) [Transferred from wiwd on 10/4/2023.] |
Minute Entry for proceedings held before Magistrate Judge Andrew Wiseman: Settlement Conference held on 7/25/2023 during which the parties did not reach a settlement agreement. [8:00] (arw) [Transferred from wiwd on 10/4/2023.] |
Filing 30 Reply to Counterclaim by Counter Defendant Rugged Cross Hunting Blinds, LLC, Plaintiff Rugged Cross Hunting Blinds, LLC. (Wolter, Robert) [Transferred from wiwd on 10/4/2023.] |
Filing 29 Waiver of Service Returned Executed by Defendant DBR Finance, Inc.. DBR Finance, Inc. waiver sent on 6/28/2023, answer due 8/28/2023. (Wolter, Robert) [Transferred from wiwd on 10/4/2023.] |
Filing 28 ANSWER to Amended Complaint (Second), COUNTERCLAIM against Rugged Cross Hunting Blinds, LLC by FeraDyne Outdoors, LLC. (Krummen, Craig) Modified on 7/5/2023. (lak) [Transferred from wiwd on 10/4/2023.] |
Filing 27 AMENDED COMPLAINT (Second) against FeraDyne Outdoors, LLC, DBR Finance, Inc., filed by Rugged Cross Hunting Blinds, LLC. (Attachments: #1 Exhibit A - US Patent No. 11,399,535, #2 Exhibit B - Realtree Article, #3 Exhibit C - American Hunter Article, #4 Exhibit D - Grand View Outdoors Article, #5 Exhibit E - Deer Hunting Article, #6 Exhibit F - Gritr Article, #7 Exhibit G - Inside Archery Article, #8 Exhibit H - Claim Chart) (Wolter, Robert) Modified on 6/28/2023: Corrected entry of DBR Finance, Inc. E-mail sent to counsel. (lak) [Transferred from wiwd on 10/4/2023.] |
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Filing 25 Joint Motion for Extension of Time (Extend Pretrial Schedule Deadlines and Dates) and Memorandum of Law by Counter Defendant Rugged Cross Hunting Blinds, LLC, Plaintiff Rugged Cross Hunting Blinds, LLC. (Attachments: #1 Proposed Amended Schedule) (Wolter, Robert) Modified on 6/20/2023. (lak) [Transferred from wiwd on 10/4/2023.] |
Filing 24 Unopposed Motion for Leave to Join as a Defendant, DBR Finance Inc. by Counter Defendant Rugged Cross Hunting Blinds, LLC, Plaintiff Rugged Cross Hunting Blinds, LLC. Response due 6/22/2023. (Wolter, Robert) Modified on 6/16/2023: MC to Join. (lak) [Transferred from wiwd on 10/4/2023.] |
Filing 23 Preliminary Disclosure of Infringement Contentions by Counter Defendant Rugged Cross Hunting Blinds, LLC, Plaintiff Rugged Cross Hunting Blinds, LLC (Wolter, Robert) [Transferred from wiwd on 10/4/2023.] |
Set Deadlines and Hearings: Settlement Conference set for 7/25/2023 at 9:00 AM before Magistrate Judge Andrew Wiseman. (arw) [Transferred from wiwd on 10/4/2023.] |
Filing 22 Reply to Counterclaim by Counter Defendant Rugged Cross Hunting Blinds, LLC, Plaintiff Rugged Cross Hunting Blinds, LLC. (Wolter, Robert) [Transferred from wiwd on 10/4/2023.] |
Filing 21 Stipulated Proof of Standing to Sue on Claimed Patents by Counter Defendant Rugged Cross Hunting Blinds, LLC, Plaintiff Rugged Cross Hunting Blinds, LLC (Wolter, Robert) [Transferred from wiwd on 10/4/2023.] |
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Filing 18 Joint Motion for Protective Order (Stipulated) by Counter Defendant Rugged Cross Hunting Blinds, LLC, Plaintiff Rugged Cross Hunting Blinds, LLC. (Attachments: #1 Text of Proposed Order re: Stipulated Motion for Protective Order, #2 Text of Stipulated Protective Order) (Wolter, Robert) Modified on 2/10/2023. (lak) [Transferred from wiwd on 10/4/2023.] |
Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 2/9/2023 [:10] (cak) [Transferred from wiwd on 10/4/2023.] |
Filing 17 ANSWER to Amended Complaint, Affirmative Defenses, COUNTERCLAIM against Rugged Cross Hunting Blinds, LLC by FeraDyne Outdoors, LLC. (Krummen, Craig) Modified on 2/8/2023. (lak) [Transferred from wiwd on 10/4/2023.] |
Filing 16 Joint Discovery Plan (Wolter, Robert) [Transferred from wiwd on 10/4/2023.] |
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Filing 14 AMENDED COMPLAINT against FeraDyne Outdoors, LLC, filed by Rugged Cross Hunting Blinds, LLC. (Attachments: #1 Exhibit A - US Patent No 11,399, 535, #2 Exhibit B - Realtree Article, 02/17/16, #3 Exhibit C - American Hunter Article - 12/27/18, #4 Exhibit D - Grandview Outdoors Article, 1/18/18, #5 Exhibit E - Deer Hunting Article, 01/17/18, #6 Exhibit F - Grit Outdoors Blog, 03/17/18, #7 Exhibit G - Inside Archery, April 2022, #8 Exhibit H - Claim Chart - Exhibits 1 - 3) (Wolter, Robert) Modified on 1/26/2023. (lak) [Transferred from wiwd on 10/4/2023.] |
Filing 13 Notice by Plaintiff Rugged Cross Hunting Blinds, LLC of Pendency of Other Actions. (Wolter, Robert) [Transferred from wiwd on 10/4/2023.] |
Filing 12 Corporate Disclosure Statement by Defendant FeraDyne Outdoors, LLC. (Krummen, Craig) [Transferred from wiwd on 10/4/2023.] |
Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 2/9/2023 at 01:30 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [#Standing Order Governing Preliminary Pretrial Conference attached] (jat) [Transferred from wiwd on 10/4/2023.] |
Filing 11 Brief in Support of #10 Motion to Dismiss by Defendant FeraDyne Outdoors, LLC (Krummen, Craig) [Transferred from wiwd on 10/4/2023.] |
Filing 10 MOTION TO DISMISS by Defendant FeraDyne Outdoors, LLC. Brief in Opposition due 2/2/2023. Brief in Reply due 2/13/2023. (Krummen, Craig) Modified on 1/13/2023: E-mail sent to counsel re: filing corporate disclosure statement. (lak) [Transferred from wiwd on 10/4/2023.] |
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Filing 8 Unopposed Motion for Extension of Time to File Answer or Otherwise Respond by Defendant FeraDyne Outdoors, LLC. Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments: #1 Text of Proposed Order) (Krummen, Craig) [Transferred from wiwd on 10/4/2023.] |
Filing 7 Notice of Appearance filed by Craig Steven Krummen for Defendant FeraDyne Outdoors, LLC. (Krummen, Craig) [Transferred from wiwd on 10/4/2023.] |
Filing 6 Notice of Appearance filed by Amber Neilson Davis for Plaintiff Rugged Cross Hunting Blinds, LLC. (Davis, Amber) [Transferred from wiwd on 10/4/2023.] |
Filing 5 Report on Filing of Patent or Trademark Action. Copy provided to the US Patent and Trademark Office electronically. (jat) [Transferred from wiwd on 10/4/2023.] |
Filing 4 Exhibit to #1 Complaint,,, filed by Rugged Cross Hunting Blinds, LLC Report on the Filing or Determination of an Action re Patent (Wolter, Robert) [Transferred from wiwd on 10/4/2023.] |
Filing 3 Corporate Disclosure Statement by Plaintiff Rugged Cross Hunting Blinds, LLC. (Wolter, Robert) [Transferred from wiwd on 10/4/2023.] |
Filing 2 Summons Issued as to FeraDyne Outdoors, LLC. (lak) [Transferred from wiwd on 10/4/2023.] |
Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (lak) [Transferred from wiwd on 10/4/2023.] |
Standard attachments for Judge James D. Peterson required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (lak) [Transferred from wiwd on 10/4/2023.] |
Filing 1 PATENT COMPLAINT against FeraDyne Outdoors, LLC ( Filing fee $ 402 receipt number AWIWDC-3163531.) PATENTS AT ISSUE: Patent # 11,399,535, issued 08/02/2022, held by Rugged Cross Hunting Blinds, LLC, filed by Rugged Cross Hunting Blinds, LLC. (Attachments: #1 Exhibit A - US Patent No: 11,399,535, #2 Exhibit B - Realtree Article - RCHB Hunting Blind, #3 Exhibit C - American Hunter Article 12/27/2019, #4 Exhibit D - Grand View Outdoors Article 01/18/2018, #5 Exhibit E - Deer and Deer Hunting Article 07/17/18, #6 Exhibit F - Gritroutdoors Blog 03/07/18, #7 Exhibit G - Inside Archery Article April 2022, #8 Exhibit H - Claim Chart of US Patent No: 11,399,535, #9 JS-44 Civil Cover Sheet, #10 Summons (Proposed)) (Wolter, Robert) Modified on 12/6/2022: E-mail sent to counsel re: corporate disclosure statement and AO 120. (lak) [Transferred from wiwd on 10/4/2023.] |
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