Summit Tool Company v. Quality Tool Company of Florida, LLC
| Summit Tool Company and Summit Tool Company doing business as Ken-Tool |
| Quality Tool Company of Florida, LLC |
| 5:2019cv02883 |
| December 13, 2019 |
| US District Court for the Northern District of Ohio |
| Kathleen B Burke |
| Sara Lioi |
| Trademark |
| 15 U.S.C. § 1114 |
| Both |
Docket Report
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This docket was last retrieved on November 24, 2020. A more recent docket listing may be available from PACER.
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| Filing 23 Report on the Determination [Closing] of an Action Regarding a Patent or Trademark (AO120). (Attachments: #1 Judgment)(W,Na) |
| Filing 22 Consent Judgment and Permanent Injunction. The parties' joint motion for consent judgment and permanent injunction is granted. (Doc. No. #21 .) (See Consent Judgment for complete terms and details.) Judge Sara Lioi on 11/5/2020. (E,CK) |
| Filing 21 Joint Motion for permanent injunction and entry of consent judgment filed by Plaintiff Summit Tool Company. (Attachments: #1 Consent Judgment and Permanent Injunction)(Moser, Christina) |
Order [non-document]: In light of the fact that the parties have advised the Court that they have reached a settlement and will be filing a stipulated dismissal entry by October 28, 2020, the status conference previously set for October 23, 2020 at 1:00 pm is CANCELED. Judge Sara Lioi on 10/22/2020. (E,CK)
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Order [non-document]: The Court construes the parties' joint status report (Doc. No. #20 ) as a motion for an extension of time 30 additional days in which to finalize settlement and file a stipulated release and GRANTS same. Judge Sara Lioi on 9/28/2020. (E,CK)
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| Filing 20 Joint Status Report filed by Summit Tool Company. (Moser, Christina) |
| Filing 19 Joint Status Report filed by Summit Tool Company. (Moser, Christina) |
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Order [non-document]. Counsel having advised that this case has settled, the mediation referral is hereby terminated. The parties will file their appropriate paperwork regarding their settlement on the docket within thirty (30) days of the date of this Order. Magistrate Judge Kathleen B. Burke on 8/26/20. (S,HR)
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| Filing 18 Minute Order of Telephone Conference held on 8/12/20. Counsel reported making good progress but they need additional time to see if a settlement can be reached. Accordingly, counsel will file a Joint Status Report on or by August 26, 2020, advising the Court as to the status of their discussions. Magistrate Judge Kathleen B. Burke on 8/12/20. Time: 10 minutes.(S,HR) |
| Filing 17 Joint Status Report filed by Summit Tool Company. (Moser, Christina) |
| Filing 16 Minute Order of Mediation Conference. The case did not settle. However, the undersigned agreed to leave the mediation open for two weeks while the parties explore possible non-infringing products the defendant can sell. A call with counsel was set for August 12, 2020, at 3:00 p.m., for counsel to update the undersigned on the status of those discussions. The call will be conducted using bridge line information that will be provided to counsel. Magistrate Judge Kathleen B. Burke on 7/29/20. (Time: 2 hours)(S,HR) |
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Filing 15
Order setting mediation conference for 7/29/2020 at 10:00 AM before Magistrate Judge Kathleen B. Burke. The mediation conference will take place via video conference. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements prior to the mediation conference. Magistrate Judge Kathleen B. Burke on 7/6/20. (S,HR)
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| Filing 14 Minute Order of Telephone Conference held on 7/6/20. After discussion, the Court set the mediation conference for July 29, 2020, at 10:00 a.m. Counsel agreed to discuss between themselves and their clients whether there are non-infringing tire iron products that the defendant can sell. The mediation will be conducted using videoconferencing technology. Instructions will be emailed to counsel prior to the conference. A mediation scheduling order will be issued separately. Magistrate Judge Kathleen B. Burke on 7/6/20. (Time: 23 minutes) (S,HR) |
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Order [non-document] referring case to Magistrate Judge Kathleen B. Burke for mediation to take place on 7/22/2020 or 7/29/2020. Judge Sara Lioi on 07/02/2020. (M,TL)
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| IMPORTANT: Notice [non-document] of Telephone Conference with counsel set for 7/6/2020 at 11:00 AM before Magistrate Judge Kathleen B. Burke. The purpose of the call is to set the date for the mediation conference. Bridge line instructions for the call will be emailed to counsel. (W,Su) |
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Order [non-document] granting defendant's #13 Motion for appearance pro hac vice by attorney Michael H. Michmerhuizen. 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 Sara Lioi on 7/2/2020. (E,CK)
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| Filing 13 Motion for attorney Michael H. Michmerhuizen to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10076271, filed by Defendant Quality Tool Company of Florida, LLC. (Attachments: #1 Exhibit Cert. of Good Standing-MI, #2 Exhibit Cert of Good Standing-IN)(Stites, Anthony) |
| Filing 12 Case Management Plan and Trial Order. Case is assigned to the Standard Track; Deadline to add parties or amend pleadings 8/19/2020; Deadline for completing non-expert discovery 10/19/2020; The parties have agreed to a method for conducting discovery of electronically-stored information; Deadline for party with burden of proof to identify experts and provide reports 11/19/2020; Deadline to identify rebuttal experts and provide reports 12/21/2020; Deadline for completing expert discovery 2/1/2021; Deadline for filing dispositive motions 3/1/2021; Deadline for filing oppositions to motions 4/1/2021; Deadline for filing replies to responses 4/15/2021; Status Conference set for 10/23/2020 at 1:00 p.m.; Final Pretrial Conference set for 7/9/2021 at 1:00 p.m.; Jury Trial set on two week standby period beginning 8/2/2021 at 8:00 a.m. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 6/20/2020. (Attachments: #1 Appendix A - Final Pretrial Order, #2 Appendix B - Exhibit List, #3 Appendix C - Witness List) (D,S) |
| Minutes of proceedings [non-document] before Judge Sara Lioi. On 6/19/2020, the Court conducted a telephonic case management conference. Attorneys Christina Moser, Anthony Stites, and Michael Michmerhuizen participated. Attorney Michael Michmerhuizen advised that he will be seeking pro hac vice admission in the near future. The Court discussed with counsel dates and deadlines that will appear in the Courts case management plan and trial order. The Court also discussed with counsel the possibility of mediation. Counsel advised that the parties would be interested in participating in mediation with the magistrate judge in July or August 2020. By 6/26/2020, counsel shall advise Judge Lioi's law clerk, Michele Schmidt, at Michele_Schmidt@ohnd.uscourts.gov, as to the parties' availability for mediation. Counsel is reminded that the Court requires the submission of 45-day joint status reports. (Court Reporter: none)Time: 13 minutes (O,K) |
| Filing 11 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Summit Tool Company. (Moser, Christina) |
| Filing 10 Magistrate Consent Package issued. (E,CK) |
| Filing 9 Case Management Conference Scheduling Order Telephone case management conference, with counsel only, to be held on 6/19/2020 at 10:00 a.m. before Judge Sara Lioi. The telephone conference will be initiated by plaintiff's counsel. After all counsel are on line, plaintiff's counsel is to place the call to the Chambers of the Honorable Sara Lioi at (330) 252-6060. The disclosures mandated by Fed. R. Civ. P. 26(a) will all apply. Plaintiff must serve on opposing parties the initial disclosures by 5/29/2020. All other parties must serve on opposing parties the initial disclosures by 6/5/2020. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 4/27/2020. (Attachments: #1 Report of Parties' Planning Meeting) (E,CK) |
| Filing 8 Return of Service by Personal Service on Registered Agent executed upon Quality Tool Company of Florida, LLC on 12/16/2019 filed on behalf of Summit Tool Company Related document(s) #3 , #1 , #4 , #2 , #5 . (Moser, Christina) |
| Filing 7 Attorney Appearance (unsigned) by Anthony M. Stites filed by on behalf of Quality Tool Company of Florida, LLC. (Stites, Anthony) |
| Filing 6 Answer to #1 Complaint,, with Jury Demand filed by Quality Tool Company of Florida, LLC. (Stites, Anthony) |
| LAST NOTICE: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. In order to complete our final transition to NextGen, CM/ECF will be offline starting at 12:00 noon on Friday, February 7, 2020, through 11:59 p.m. Sunday, February 9, 2020. Pursuant to General Order 2020-02, we have established an email box, nextgenfilings@ohnd.uscourts.gov, for submitting documents to be filed during this period.Preparing for NextGen is a two-step process. Step one was to obtain or upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your OHND e-filing account in the NextGen CM/ECF system on or after February 10, 2020. # Linking Instructions. You will be unable to e-file until the accounts are linked. If you have any additional questions, please call the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) |
| IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found # on the court's website.Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking # here.If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) |
| Filing 5 Original Summons and Magistrate Consent Form issued to Counsel for service upon Quality Tool Company of Florida, LLC. (Attachments: #1 Magistrate Consent Form) (P,G) |
| Filing 4 Initial Standing Order. Judge Sara Lioi on 12/13/2019. (P,G) |
| Filing 3 Corporate Disclosure Statement filed by Summit Tool Company. (Moser, Christina) |
| Filing 2 Report on the Filing of an Action Regarding a Patent or Trademark (AO120) filed by Summit Tool Company, d/b/a Ken-Tool. (Moser, Christina) |
| Filing 1 Complaint with jury demand against Quality Tool Company of Florida, LLC. Filing fee paid $ 400, Receipt number 0647-9676172.. Filed by Summit Tool Company, d/b/a Ken-Tool. (Attachments: #1 Exhibit 1 - Reg. No. 1,808,834, #2 Exhibit 2 - Ken-Tool Products, #3 Exhibit 3 - Cease and Desist Letter, #4 Exhibit 4 - June 2017 Emails, #5 Exhibit 5 - eBay Listings, #6 Exhibit 6 - Amazon Listings, #7 Exhibit 7 - QTC Website, #8 Civil Cover Sheet, #9 Summons) (Moser, Christina) |
| Judge Sara Lioi assigned to case. (P,G) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Kathleen B. Burke. (P,G) |
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