Bataan Licensing LLC v. Worthington Industries, Inc.
| Bataan Licensing LLC |
| Worthington Industries Inc |
| 2:2022cv01973 |
| April 18, 2022 |
| US District Court for the Southern District of Ohio |
| Elizabeth Preston Deavers |
| Michael H Watson |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 3, 2022. A more recent docket listing may be available from PACER.
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| Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Preliminary Pretrial Conference held on 6/3/2022. (sln) |
Filing 35
PRELIMINARY PRETRIAL ORDER: Joinder of Parties due by 7/22/2022. Motions to Amend due by 7/22/2022. Initial Disclosures due by 6/17/2022. Discovery due by 7/14/2023. Clawback Agreement Deadline due by 7/1/2022. Mediation Deadline: 7/2023. Signed by Magistrate Judge Elizabeth Preston Deavers on June 3, 2022. (Attachments: #1 Scheduling Order) (jlk)
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| Filing 34 NOTICE of Hearing:Preliminary Pretrial Conference set for 6/3/2022 10:30 AM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln) |
| Filing 33 RULE 26(f) REPORT CORRECTED (Doc 32) by Plaintiff Bataan Licensing LLC. (Attachments: #1 Scheduling Order) (Wernow, Howard) |
| Filing 32 RULE 26(f) REPORT by Plaintiff Bataan Licensing LLC. (Wernow, Howard) |
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Filing 31
ORDER granting #30 Unopposed MOTION for Extension of Time to File Response as to #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Responses due by 6/17/2022. Signed by Magistrate Judge Elizabeth Preston Deavers on May 20, 2022. (jlk)
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| Filing 30 Unopposed MOTION for Extension of Time to File Response/Reply as to #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM New date requested 6/17/2022. by Plaintiff Bataan Licensing LLC. (Attachments: #1 Text of Proposed Order) (Wernow, Howard) |
| Filing 29 Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Status Conference held on 5/12/2022. Parties to submit a Rule 26(f) Report by 5/20/2022. (sln) |
| Filing 28 NOTICE by Defendant Worthington Industries Inc re #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support (Grady, Keith) |
| Filing 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Worthington Industries Inc. (Grady, Keith) |
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NOTATION ORDER granting #26 Motion for Leave to Appear Pro Hac Vice of Keith J. Grady as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. By Magistrate Judge Elizabeth Preston Deavers on 05/04/2022. (tla)
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| Filing 26 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8844783) of Keith J. Grady by Defendant Worthington Industries Inc. (Stitt, Scott) |
| Filing 25 Notice of Deficiency re: The motion does not contain certificate of good standing. Related Document: #24 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8844783) of Keith J. Grady filed by Worthington Industries Inc. Deficiency Deadline by 5/16/2022. (tla) |
| Filing 24 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8844783) of Keith J. Grady by Defendant Worthington Industries Inc. (Stitt, Scott) |
| Filing 23 NOTICE of Appearance by Carrie Thiem for Defendant Worthington Industries Inc (Thiem, Carrie) |
| Filing 22 NOTICE of Appearance by Scott J Stitt for Defendant Worthington Industries Inc (Stitt, Scott) |
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Filing 21
NOTATION ORDER granting #18 Motion for Leave to Appear Pro Hac Vice of David R Bennett. Co-counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Elizabeth Preston Deavers on 4/22/2022. (vb)
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| Filing 20 NOTICE of Appearance by Andrew Scott Curfman for Plaintiff Bataan Licensing LLC (Curfman, Andrew) |
| Filing 19 NOTICE of Hearing: Status Conference set for 5/12/2022 11:00 AM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln) |
| Filing 18 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8830661) of David R. Bennett by Plaintiff Bataan Licensing LLC. (Attachments: #1 Certificate of Good Standing) (Wernow, Howard) |
| Filing 17 NOTICE of Appearance by Howard L. Wernow for Plaintiff Bataan Licensing LLC (Wernow, Howard) |
| Filing 17 Case transferred in from District of Delaware; Case Number 1:21-cv-01634. Original file electronic copy of transfer order and docket sheet received. |
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Filing 16
ORDER Granting #14 Unopposed Motion to Transfer for Improper Venue filed by Worthington Industries, Inc., ***Civil Case Terminated. Signed by Judge Colm F. Connolly on 4/18/22. (ntl) [Transferred from Delaware on 4/18/2022.]
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| Case transferred in from District of USDC of Delaware; Case Number 1:21-cv-1634. Original file with documents numbered 1-16, electronic copy of transfer order and docket sheet received., filed by Bataan Licensing LLC. (pb) |
| Case electronically transferred to Southern District of Ohio. (ntl) [Transferred from Delaware on 4/18/2022.] |
| Filing 15 OPENING BRIEF in Support re #14 MOTION to Change Venue Worthington Industries, Inc.'s Unopposed Motion to Transfer for Improper Venue filed by Worthington Industries, Inc..Answering Brief/Response due date per Local Rules is 4/29/2022. (Attachments: #1 Exhibit 1)(Gellert, Ronald) [Transferred from Delaware on 4/18/2022.] |
| Filing 14 MOTION to Change Venue Worthington Industries, Inc.'s Unopposed Motion to Transfer for Improper Venue - filed by Worthington Industries, Inc.. (Attachments: #1 Text of Proposed Order)(Gellert, Ronald) [Transferred from Delaware on 4/18/2022.] |
| Filing 13 VAC Notice, Consent, Non-Consent, Magistrate Referral Associated Cases: 1:21-cv-01634-VAC, 1:22-cv-00238-VAC, 1:22-cv-00240-VAC, 1:22-cv-00241-VAC, 1:22-cv-00251-VAC (ntl) [Transferred from Delaware on 4/18/2022.] |
| Filing 12 ORAL ORDER: This case has been assigned to the District of Delaware's Vacant Judgeship ("VAC"). Detailed information relating to VAC cases may be found in the Court's Announcement of March 3, 2022 and Standing Order No. 2022-3 (March 16, 2022), which are available on the Court's website. Consistent with the foregoing Announcement and Standing Order, IT IS HEREBY ORDERED that: The parties shall file the "Notice of Consent or Absence of Consent to Proceed Before A United States Magistrate Judge," being docketed along with the instant Order, no later than fourteen (14) days after the date of this Order. IT IS FURTHER ORDERED that any order referring any part of this case to a Magistrate Judge is VACATED. Unless the parties consent to having a Magistrate Judge handle this case, a referral order will be entered to permit a Magistrate Judge (to be selected by the Court) to do only the following: (a) adjudicate discovery (including fact and expert discovery) and protective order disputes; (b) issue or modify a scheduling order; (c) review stipulated orders and pro hac vice motions; and (d) review requests for mediation in cases other than patent and securities cases. IT IS FURTHER ORDERED that any scheduling order that has been entered in this case is AMENDED such as follows: (a) the dates for any motions hearings are VACATED; and (b) the dates for any claim construction hearings are VACATED. Issued by the Clerk of Court on 3/22/22. Associated Cases: 1:21-cv-01634-VAC, 1:22-cv-00238-VAC, 1:22-cv-00240-VAC, 1:22-cv-00241-VAC, 1:22-cv-00251-VAC (ntl) [Transferred from Delaware on 4/18/2022.] |
| Case Reassigned to Judge Leonard P. Stark of the United States Court of Appeals for the Federal Circuit. Please include the initials of the Judge (LPS) after the case number on all documents filed. Associated Cases: 1:21-cv-01634-LPS, 1:22-cv-00238-LPS, 1:22-cv-00240-LPS, 1:22-cv-00241-LPS, 1:22-cv-00251-LPS (ntl) [Transferred from Delaware on 4/18/2022.] |
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SO ORDERED, re #11 Fourth STIPULATION TO EXTEND TIME to Answer the Complaint to 04/20/2022 filed by Bataan Licensing LLC. Signed by Judge Leonard P. Stark on 3/22/22. (ntl) [Transferred from Delaware on 4/18/2022.]
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| Case Reassigned to Vacant Judgeship (2022). Please include initials of VAC after the case number on all documents filed. Associated Cases: 1:21-cv-01634-LPS, 1:22-cv-00238-LPS, 1:22-cv-00240-LPS, 1:22-cv-00241-LPS, 1:22-cv-00251-LPS (ntl) [Transferred from Delaware on 4/18/2022.] |
| Filing 11 Fourth STIPULATION TO EXTEND TIME to Answer the Complaint to 04/20/2022 - filed by Bataan Licensing LLC. (Chong, Jimmy) [Transferred from Delaware on 4/18/2022.] |
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SO ORDERED, re #10 Third STIPULATION TO EXTEND TIME to Answer the Complaint to 03/21/2022 filed by Bataan Licensing LLC. Signed by Judge Leonard P. Stark on 2/16/22. (ntl) [Transferred from Delaware on 4/18/2022.]
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| Filing 10 Third STIPULATION TO EXTEND TIME to Answer the Complaint to 03/21/2022 - filed by Bataan Licensing LLC. (Chong, Jimmy) [Transferred from Delaware on 4/18/2022.] |
| Filing 9 STIPULATION TO EXTEND TIME to Answer the Complaint to 02/18/2022 - filed by Bataan Licensing LLC. (Chong, Jimmy) [Transferred from Delaware on 4/18/2022.] |
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SO ORDERED, re #9 STIPULATION TO EXTEND TIME to Answer the Complaint to 02/18/2022 filed by Bataan Licensing LLC. Signed by Judge Leonard P. Stark on 1/4/22. (ntl) [Transferred from Delaware on 4/18/2022.]
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SO ORDERED, re #8 STIPULATION TO EXTEND TIME to Answer the Complaint to 01/14/2022 filed by Bataan Licensing LLC. Signed by Judge Leonard P. Stark on 12/10/21. (ntl) [Transferred from Delaware on 4/18/2022.]
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| Filing 8 STIPULATION TO EXTEND TIME to Answer the Complaint to 01/14/2022 - filed by Bataan Licensing LLC. (Chong, Jimmy) [Transferred from Delaware on 4/18/2022.] |
| Filing 7 SUMMONS Returned Executed by Bataan Licensing LLC. Worthington Industries, Inc. served on 11/24/2021, answer due 12/15/2021. (Chong, Jimmy) [Transferred from Delaware on 4/18/2022.] |
| Filing 6 MOTION for Pro Hac Vice Appearance of Attorney David R. Bennett - filed by Bataan Licensing LLC. (Attachments: #1 Affidavit)(Chong, Jimmy) [Transferred from Delaware on 4/18/2022.] |
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SO ORDERED, re (6 in 1:21-cv-01633-LPS) MOTION for Pro Hac Vice Appearance of Attorney David R. Bennett filed by Bataan Licensing LLC, (6 in 1:21-cv-01634-LPS) MOTION for Pro Hac Vice Appearance of Attorney David R. Bennett filed by Bataan Licensing LLC, (6 in 1:21-cv-01631-LPS) MOTION for Pro Hac Vice Appearance of Attorney David R. Bennett filed by Bataan Licensing LLC, (6 in 1:21-cv-01632-LPS) MOTION for Pro Hac Vice Appearance of Attorney David R. Bennett filed by Bataan Licensing LLC. Signed by Judge Leonard P. Stark on 11/30/21. Associated Cases: 1:21-cv-01631-LPS, 1:21-cv-01632-LPS, 1:21-cv-01633-LPS, 1:21-cv-01634-LPS (ntl) [Transferred from Delaware on 4/18/2022.]
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| Pro Hac Vice Attorney David R. Bennett for Bataan Licensing LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:21-cv-01631-LPS, 1:21-cv-01632-LPS, 1:21-cv-01633-LPS, 1:21-cv-01634-LPS(srs) [Transferred from Delaware on 4/18/2022.] |
| Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. Associated Cases: 1:21-cv-01631-LPS, 1:21-cv-01632-LPS, 1:21-cv-01633-LPS, 1:21-cv-01634-LPS (rjb) [Transferred from Delaware on 4/18/2022.] |
| Filing 5 Summonses Issued (please complete the top portion of the form and print out for use/service). (mal) [Transferred from Delaware on 4/18/2022.] |
| Filing 4 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Bataan Licensing LLC. (mal) [Transferred from Delaware on 4/18/2022.] |
| Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,174,494 ;7,423,982. (mal) [Transferred from Delaware on 4/18/2022.] |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mal) [Transferred from Delaware on 4/18/2022.] |
| Filing 1 COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against Worthington Industries, Inc., - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3747538.) - filed by Bataan Licensing LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet, #4 Related Cases)(mal) [Transferred from Delaware on 4/18/2022.] |
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