D&L Properties South, Inc. v. Berk Enterprises, Inc. et al
| D&L Properties South, Inc. |
| M.H. Enterprises International, Inc. other d/b/a Teriyaki Madness, Berk Enterprises, Inc. and M.H. Enterprises International, Inc. doing business as Teriyaki Madness |
| 4:2021cv00619 |
| March 18, 2021 |
| US District Court for the Northern District of Ohio |
| Benita Y Pearson |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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| Document Text |
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| Remark by Finance. Funds in the amount of $120.00 refunded on 04/27/2021. (K,Ve) |
| Filing 16 Corporate Disclosure Statement identifying Corporate Parent M.H. Enterprises, Inc. for M.H. Enterprises International, Inc. filed by M.H. Enterprises International, Inc.. (Summerhill, Michael) |
| Filing 15 Attorney Appearance by Michael J. Summerhill filed by on behalf of M.H. Enterprises International, Inc.. (Summerhill, Michael) |
| Request to Clerk for refund of erroneous or duplicate on-line filing fee payment. Reason for refund request: Duplicate fee paid since lead counsel Angilee Dakic was admitted pro hac vice in a previously related case. Judge Pearson previously granted waiver of the pro hac vice admission fee in docket entry #9.. Receipt #: AOHNDC-10732086, filed by D&L Properties South, Inc.. Related document(s) #9 , #5 . (McDougall, Mark) |
Filing 14
Order granting #13 Motion for Appearance Pro Hac Vice by Attorney W. Michael Etienne for Defendant Berk Enterprises, Inc. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Benita Y. Pearson on 4/9/2021. (JLG)
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| Filing 13 Motion for attorney W. Michael Etienne to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10769334, filed by Defendant Berk Enterprises, Inc. (Attachments: #1 Exhibit Declaration of W. Michael Etienne in Support of Motion for Admission Pro Hac Vice, #2 Proposed Order )(Gaum, R.) |
| Filing 12 Corporate Disclosure Statement filed by Berk Enterprises, Inc.. (Gaum, R.) |
| Filing 11 Attorney Appearance by R. Eric Gaum filed by on behalf of Berk Enterprises, Inc. (Gaum, R.) |
| Filing 10 Case Management Conference Scheduling Order with Telephonic Case Management Conference to be held on 6/2/2021 at 10:00 a.m. before Judge Benita Y. Pearson. Counsel for Plaintiff shall set up the conference call and contact Chambers directly at (330) 884-7435, with all participants on the line. The Court requires personal participation of parties at the Case Management Conference, even when the conference is telephonic. Judge Benita Y. Pearson on 4/2/2021. (Attachments: #1 Attachment No. 1, #2 Attachment No. 2, #3 Attachment No. 3, #4 Attachment No. 4, #5 Attachment No. 5) (JLG) |
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Filing 9
Order For good cause shown, Attorney Angilee K. Dakic's #5 Motion for Appearance Pro Hac Vice is granted. Attorney Dakic shall be entered on the docket as representing Plaintiff D&L Properties South, Inc. For the reasons set forth herein, the pro hac vice admission fee is waived. The Clerk of Court is hereby authorized and directed to refund the $120.00 fee (Receipt Number AOHNDC-10732086) to Attorney Dakic. The attorney is reminded of the requirement to register for CM/ECF and to file and receive all documents electronically. See LR 5.1(c). Judge Benita Y. Pearson on 4/2/2021. (JLG)
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| Copy of #10 Case Management Conference Scheduling Order mailed to R. Eric Gaum, Esq., Taft Stettinius & Hollister, LLP, 200 Public Square, Suite 3500, Cleveland, OH 44114, Counsel for Defendant Berk Enterprises, Inc.; and John C. Gatz, Esq., Nixon Peabody LLP, 70 West Madison, Suite 3500, Chicago, IL 60602, Counsel for Defendant M.H. Enterprises International, Inc. on 4/2/2021. Related document(s) #10 . (JLG) |
| Filing 8 Waiver of Service Returned Executed by D&L Properties South, Inc.. M.H. Enterprises International, Inc. waiver sent on 3/24/2021, answer due 5/24/2021 filed on behalf of D&L Properties South, Inc. (Dakic, Angilee) |
| Filing 7 Waiver of Service Returned Executed by D&L Properties South, Inc.. Berk Enterprises, Inc. waiver sent on 3/24/2021, answer due 5/23/2021 filed on behalf of D&L Properties South, Inc. (Dakic, Angilee) Modified to denote proper dates on 3/30/2021 (S,Ke). |
| Filing 6 Declaration of Angilee K. Dakic in support of #5 Motion for admission pro hac vice filed by Plaintiff D&L Properties South, Inc. (McDougall, Mark) Modified text and termed motion on 3/24/2021 (M,TL). |
| This action has been identified as a Patent Case that is subject to the Local Patent Rules. Link to #Local Patent Rules. (D,Ju) |
| Filing 5 Motion for attorney Angilee K. Dakic to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10732086, filed by Plaintiff D&L Properties South, Inc.. (Attachments: #1 Exhibit A- Angilee K. Dakic Declaration (document does not contain an original signature), #2 Exhibit B- Proposed Order Granting Pro Hac Vice Admission)(McDougall, Mark) |
| Filing 4 Original Summons and Magistrate Consent Form issued to counsel for service upon Berk Enterprises, Inc., M.H. Enterprises International, Inc. (Attachments: #1 Magistrate Consent Form) (D,Ju) |
| Judge Benita Y. Pearson assigned to case. (D,Ju) Modified on 3/19/2021 (D,Ju). |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Carmen E. Henderson. (D,Ju) Modified on 3/19/2021 (D,Ju). |
| Filing 3 Corporate Disclosure Statement filed by D&L Properties South, Inc.. (McDougall, Mark) |
| Filing 2 Report on the Filing of an Action Regarding a Patent or Trademark (AO120) filed by D&L Properties South, Inc.. (McDougall, Mark) |
| Filing 1 Complaint with jury demand against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-10727393. Plaintiff has indicated that case may be a refiling of terminated case 4:20-cv-2631. Filed by D&L Properties South, Inc.. (Attachments: #1 Exhibit A- USD601389, #2 Exhibit B- D&L Properties Inc. Articles of Incorporation, #3 Exhibit C- Brown to BIG Assignment, #4 Exhibit D- Line of Credit Addendum, #5 Exhibit E- D&L South Articles of Incorporation, #6 Exhibit F- Certificate of Domestication, #7 Exhibit G- Certificate of Authority, #8 Exhibit H- UCC-1 Financing Statement, #9 Exhibit I- Bill of Sale, #10 Exhibit J- TMad Social Media Screen Shots, #11 Exhibit K- TMad Stamped Utensil, #12 Exhibit L- Berk Cease and Desist Letter, #13 Exhibit M- TMad Cease and Desist Letter, #14 D&L South Civil Cover Sheet, #15 Berk Summons, #16 TMad Summons) (McDougall, Mark) |
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