MCS INDUSTRIES, INC. v. At Home Stores LLC et al
| MCS INDUSTRIES, INC. |
| AT HOME STORES LLC and AT HOME PROCUREMENT INC. |
| 5:2022cv03436 |
| August 26, 2022 |
| US District Court for the Eastern District of Pennsylvania |
| JEFFREY L SCHMEHL |
| Property Rights: Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Both |
Docket Report
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This docket was last retrieved on October 24, 2022. A more recent docket listing may be available from PACER.
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Filing 32
CLAIM Answer to Counterclaim by MCS INDUSTRIES, INC.. (LENTZ, GAVIN)
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Filing 31
ORDER THAT A TELEPHONIC PRETRIAL CONFERENCE (RULE 16) SHALL BE THURSDAY, NOVEMBER 17, 2022 AT 3:00 P.M. COUNSEL SHALL USE DIAL IN NUMBER 888-204-5984 ACCESS CODE 3221457. IT IS FURTHER ORDERED AS FOLLOWS: THE PARTIES SHALL MAKE THE REQUIRED INITIAL DISCLOSURES UNDER FED. R.CIV. P. 26(A) WITHIN 20 DAYS OF THE DATE OF THIS ORDER; THE PARTIES SHALL COMMENCE DISCOVERY IMMEDIATELY; AFTER CONSULTATION WITH COUNSEL FOR ALL PARTIES, COUNSEL SHALL COMPLETE AND SUBMIT THE REQUIRED JOINT STATUS REPORT PURSUANT TO RULE 26 (F); COUNSEL SHALL FOLLOW JUDGE SCHMEHLS POLICIES AND PROCEDURES WHICH CAN BE FOUND AT WWW.PAED.USCOURTS.GOV. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 10/17/22. 10/17/22 ENTERED AND COPIES E-MAILED.(mas)
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Filing 30
Minute Entry for proceedings held before MAGISTRATE JUDGE PAMELA A. CARLOS: Telephonic Pretrial Conference held on 9/28/22. Court Reporter: None. (er)
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Filing 29
ANSWER to Complaint , COUNTERCLAIM against MCS INDUSTRIES, INC. by AT HOME PROCUREMENT INC., AT HOME STORES LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(SWEDLOW, DEBORAH)
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Filing 28
ORDER OF 9/23/22 THAT THE PLAINTIFF'S MOTION FOR EXPEDITED DISCOVERY (DOC. 7) IS DENIED. ETC. DEFENDANTS' MOTION TO FILE A SUR-REPLY BRIEF (DOC. 27) IS DENIED AS MOOT. SIGNED BY JUDGE: JEFFREY L. SCHMEHL ON 9/23/22. 9/23/22 ENTERED AND COPIES E-MAILED. (DT)
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Filing 27
MOTION for Leave to File Defendants' Motion for Leave to File A Sur-Reply In Further Opposition to Plaintiff's Motion for Expedited Discovery filed by AT HOME PROCUREMENT INC., AT HOME STORES LLC.Certificate of Service. (Attachments: #1 Exhibit A., #2 Certificate of Service, #3 Text of Proposed Order)(SWEDLOW, DEBORAH)
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Filing 26
REPLY to Response to Motion re #7 MOTION to Expedite filed by MCS INDUSTRIES, INC.. (Attachments: #1 Exhibit, #2 Certificate of Service)(LENTZ, GAVIN)
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Filing 25
STIPULATION AND ORDER THAT DEFTS. MAY HAVE UP TO AND INCLUDING 10/3/22 TO FILE AN ANSWER OR OTHERWISE RESPOND TO COMPLAINT, ETC. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 9/16/22. 9/16/22 ENTERED AND COPIES E-MAILED.(er)
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Filing 24
RESPONSE in Opposition re #7 MOTION to Expedite filed by AT HOME PROCUREMENT INC., AT HOME STORES LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Certificate of Service, #5 Text of Proposed Order)(SWEDLOW, DEBORAH)
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Filing 23
STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT AND ORDER by AT HOME PROCUREMENT INC., AT HOME STORES LLC. (SWEDLOW, DEBORAH)
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Filing 22
ORDER THAT THE MOTION FOR A TEMPORARY RESTRAINING ORDER PURSUANT TO RULE 65 OF THE FEDERAL RULES OF CIVIL PROCEDURE [DOC. 5], IS DENIED. IT IS FURTHER ORDERED THAT THE PLAINTIFF'S MOTION FOR EXPEDITED DISCOVERY [DOC. 7] IS DENIED WITHOUT PREJUDICE. TO THE EXTENT PLAINTIFF BELIEVES AN EXPEDITED DISCOVERY SCHEDULE IS STILL NEEDED, THE PARTIES ARE DIRECTED TO MEET AND CONFER AND SUBMIT A JOINT DISCOVERY SCHEDULE TO THE COURT WITHIN SEVEN (7) DAYS OF THIS ORDER. IF THE PARTIES CANNOT COME TO AN AGREEMENT, THE COURT WILL RULE ON PLAINTIFF'S MOTION TO EXPEDITE DISCOVERY. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 9/8/22. 9/8/22 ENTERED AND COPIES E-MAILED.(er)
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Filing 21
MEMORANDUM OPINION. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 9/8/22. 9/8/22 ENTERED AND COPIES E-MAILED.(er)
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Filing 20
ORDER THAT A TELEPHONIC STATUS CONFERENCE IN THE ABOVE-CAPTIONED CASE WILL BE HELD ON WEDNEDAY, SEPTEMBER 28, 2022, AT 2:30 PM BEFORE THE HONORABLE PAMELA A. CARLOS, UNITED STATES MAGISTRATE JUDGE, ETC. SIGNED BY MAGISTRATE JUDGE PAMELA A. CARLOS ON 9/7/22. 9/7/22 ENTERED AND COPIES E-MAILED.(er)
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Filing 19
RESPONSE in Opposition re #5 MOTION for Temporary Restraining Order Defendants' Response to Plaintiff's Reply In Support of Its Motion for Temporary Restraining Order and Injunctive Relief filed by AT HOME PROCUREMENT INC., AT HOME STORES LLC. (Attachments: #1 Exhibit I. Heartquist Declaration, #2 Exhibit J. American Heritage Dictionary Entry, #3 Exhibit K. Merriam-Webster Dictionary Definition, #4 Certificate of Service, #5 Text of Proposed Order)(SWEDLOW, DEBORAH)
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Filing 18
REPLY to Response to Motion re #5 MOTION for Temporary Restraining Order filed by MCS INDUSTRIES, INC.. (Attachments: #1 Affidavit Affidavit of Michael Pyle, #2 Certificate of Service)(MAYNARD, KEAN)
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Filing 17
Minute Entry for proceedings held before HONORABLE JEFFREY L. SCHMEHL: Motion Hearing on Motion for TRO held on 9/1/22. Plaintiff's counsel argued in support of motion. Defense argued in opposition. Court takes matter under advisement. Court Reporter: ESR. (er)
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Filing 16
ORDER THAT THE PLAINTIFF SHALL SUBMIT AN AFFIDAVIT(S) IN SUPPORT OF ITS ARGUMENT THAT IT WILL SUFFER IRREPARABLE HARM IF A TRO IS NOT ISSUED BY THE CLOSE OF BUSINESS ON FRIDAY, SEPTEMBER 2, 2022. DEFENDANTS MAY FILE A RESPONSE BY 12:00 P.M. ON TUESDAY, SEPTEMBER 6, 2022. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 9/1/22. 9/1/22 ENTERED AND COPIES E-MAILED.(er)
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Filing 15
ORDERED THAT THE ABOVE CAPTIONED MATTER IS REFERRED TO UNITED STATES MAGISTRATE JUDGE PAMELA A. CARLOS FOR THE PURPOSE OF SCHEDULING AND CONDUCTING A SETTLEMENT CONFERENCE. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 9/1/22. 9/1/22 ENTERED AND COPIES E-MAILED.(er)
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Doc. 12 and 13 mailed to Counsel. (er)
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Filing 14
RESPONSE in Opposition re #5 MOTION for Temporary Restraining Order filed by AT HOME PROCUREMENT INC., AT HOME STORES LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Certificate of Service)(WERNER, GEORGE)
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Filing 13
ORDER THAT THE MOTION OF SARAH E. WAIDELICH TO APPEAR PRO HAC VICE IN THIS CASE IS GRANTED, ETC. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 8/31/22.8/31/22 ENTERED AND COPIES (NOT MAILED TO COUNSEL) E-MAILED. (er)
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Filing 12
ORDER THAT THE MOTION OF DEBORAH J. SWEDLOW TO APPEAR PRO HAC VICE IN THIS CASE IS GRANTED, ETC. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 8/31/22.8/31/22 ENTERED AND COPIES (NOT MAILED TO COUNSEL) AND E-MAILED.(er)
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Filing 11
MOTION for Pro Hac Vice Admission for Sarah E. Waidelich ( Filing fee $ 40 receipt number APAEDC-16142550.) filed by AT HOME PROCUREMENT INC., AT HOME STORES LLC.Declaration, Certificate of Counsel, Certificate of Service. (Attachments: #1 Declaration, #2 Text of Proposed Order)(WERNER, GEORGE)
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Filing 10
MOTION for Pro Hac Vice Admission for Deborah J. Swedlow ( Filing fee $ 40 receipt number APAEDC-16142514.) filed by AT HOME PROCUREMENT INC., AT HOME STORES LLC.Brief, Certificate of Counsel, Certificate of Service. (Attachments: #1 Declaration, #2 Text of Proposed Order)(WERNER, GEORGE)
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Filing 9
NOTICE of Appearance by GEORGE C. WERNER on behalf of AT HOME PROCUREMENT INC., AT HOME STORES LLC with Jury Demand, Certificate of Service(WERNER, GEORGE)
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Filing 8
ORDER THAT A TELEPHONE CONFERENCE IS SCHEDULED FOR THURSDAY, SEPTEMBER 1, 2022 AT 11:00 A.M. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 8/30/22. 8/30/22 ENTERED AND COPIES MAILED TO UNREPS AND E-MAILED.(er)
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Filing 7
MOTION to Expedite filed by MCS INDUSTRIES, INC..Memorandum, Certificate of Service. (Attachments: #1 Memorandum, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Certificate of Service, #7 Text of Proposed Order)(LENTZ, GAVIN)
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Filing 6
ORDER THAT THE UNITED STATES MAGISTRATE JUDGE ASSIGNED TO THE ABOVE-CAPTIONED CASE IS MAGISTRATE PAMELA A. CARLOS. SIGNED BY GEORGE WYLESOL, CLERK OF COURT ON 8/30/22. 8/26/22 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED.(er) Modified on 8/30/2022 (er).
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Filing 5
MOTION for Temporary Restraining Order filed by MCS INDUSTRIES, INC..Memorandum, Certificate of Service. (Attachments: #1 Memorandum, #2 Exhibit A, #3 Exhibit B, #4 Certificate of Service, #5 Text of Proposed Order)(LENTZ, GAVIN)
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Filing 4
Summons Issued as to AT HOME PROCUREMENT INC., AT HOME STORES LLC. Forwarded To: Counsel on 8/26/22 (er)
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Filing 3
Disclosure by MCS INDUSTRIES, INC..(LENTZ, GAVIN)
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Filing 2
NOTICE of Appearance by KEAN C. MAYNARD on behalf of MCS INDUSTRIES, INC. with Certificate of Service(MAYNARD, KEAN)
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Filing 1
COMPLAINT against At Home Procurement Inc., At Home Stores LLC ( Filing fee $ 402 receipt number APAEDC-16134830.), filed by MCS INDUSTRIES, INC.. (Attachments: #1 Civil Cover Sheet, #2 Designation Form, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I)(LENTZ, GAVIN) (Attachment 1 replaced on 8/26/2022) (sbt). (Attachment 2 replaced on 8/26/2022) (sbt).
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