Susan McKnight, Inc. v. United Industries Corporation
| Susan McKnight, Inc. |
| United Industries Corporation |
| 2:2016cv02534 |
| June 30, 2016 |
| US District Court for the Western District of Tennessee |
| Memphis Office |
| Shelby |
| Jon Phipps McCalla |
| Tu M Pham |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 27, 2018. A more recent docket listing may be available from PACER.
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Filing 62
ORDER denying #40 Motion to Dismiss; granting #40 Alternative Motion to Transfer; denying #61 Motion to Stay; and Transferring Case. Signed by Judge Jon Phipps McCalla on 02/27/2018. (McCalla, Jon)
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| Filing 61 Consent MOTION to Stay Pending Resolution of Inter Partes Review, proposed order submitted by United Industries Corporation. (Attachments: #1 Memorandum in support of Motion, #2 Exhibit A '973 Patent IPR, #3 Exhibit B '511 Patent IPR)(Pepke, Amy) |
| Filing 60 NOTICE by United Industries Corporation of Institution of Inter Partes Review of '973 and '511 Patents (Attachments: #1 Exhibit A Decision of Institution of IPR '973, #2 Exhibit B Decision of Institution of IPR '511)(Pepke, Amy) |
| Filing 59 RESPONSE in Opposition re #38 MOTION for Reconsideration re #35 MOTION for Reconsideration re #32 Order on Motion to Dismiss, Order on Motion to Stay /Plaintiff's Opposition to Defendant's Motion to Reconsider Defendant's Motion to Dismiss for filed by Susan McKnight, Inc.. (Attachments: #1 Exhibit A)(Linderman, John) |
| Filing 58 SEALED RESPONSE to Motion re #38 MOTION for Reconsideration re #35 MOTION for Reconsideration re #32 Order on Motion to Dismiss, Order on Motion to Stay /Plaintiff's Opposition to Defendant's Motion to Reconsider Defendant's Motion to Dismiss for filed by Susan McKnight, Inc.. (Attachments: #1 Exhibit A)(Linderman, John) |
| Filing 57 MEMORANDUM in Support re #35 MOTION for Reconsideration re #32 Order on Motion to Dismiss, Order on Motion to Stay filed by United Industries Corporation. (Attachments: #1 Exhibit Ex. 1 Trogdon Declaration)(Pepke, Amy) |
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Filing 56
ORDER granting in part and denying in part #43 defendant's Motion for Order of Protection. Signed by Magistrate Judge Tu M. Pham on 11/9/2017. (Pham, Tu)
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| Filing 55 RESPONSE in Opposition re #43 MOTION for Protective Order Related To Discovery and Supplemental Briefing Deadline of Friday, July 27, 2017 filed by Susan McKnight, Inc.. (Linderman, John) |
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Filing 54
Text ORDER permitting Plaintiff to file a supplemental response. On Sept. 21 2017, Defendant filed a Notice of Supplemental Authority #53 notifying the court of the Federal Circuit's decision in In re: Cray, Inc., 2017-129 (Fed. Cir. Sept. 21, 2017). Because this decision directly impacts the pending Motion for Order of Protection #43 , the court will permit plaintiff to file a supplemental response by no later than September 29, 2017. Signed by Magistrate Judge Tu M. Pham on 9/22/2017. (TEXT ORDER ONLY - NO IMAGE ASSOCIATED WITH THIS ENTRY) (Pham, Tu)
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| Filing 53 NOTICE by United Industries Corporation re #43 MOTION for Protective Order Related To Discovery and Supplemental Briefing Deadline of Friday, July 27, 2017 Notice of Supplemental Authority (Attachments: #1 Exhibit Ex. A In Re: Cray, Inc.)(Pepke, Amy) |
| Filing 52 Minute Entry for proceedings held before Magistrate Judge Tu M. Pham: A Telephonic Hearing on Defendant's Motion for Protective Order #43 was held on 8/31/2017.John C. Linderman and Justin Durelli appearing for the plaintiff. Amy Pepke appearing for the defendant. After hearing argument from counsel, the court took the motion under advisement and will enter a written order upon ruling. (Tape #FTR.) (smm) |
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Filing 51
ORDER DENYING PLAINTIFFS MOTION FOR SETTLEMENT CONFERENCE. Signed by Judge Jon Phipps McCalla on 08/14/2017. (McCalla, Jon)
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| Filing 50 NOTICE RE-SETTING HEARING ON MOTION(S) - (TEXT ONLY - NO IMAGE ASSOCIATED WITH THIS ENTRY): The parties are hereby notified that the Hearing on Defendant's Motion for Protective Order #43 currently set for Tuesday, August 22, 2017 has been reset for Thursday, August 31, 2017 at 1:00 PM (CST) in Courtroom 6 - Memphis before Magistrate Judge Tu M. Pham. Judge Pham requires that prior to the hearing, all parties must meet and confer in good faith regarding all issues raised in the motion(s). Out of town counsel may appear in person or by telephone by dialing the conference line at 877-336-1829; enter Access Code 8263358 and bypass the security code when prompted, at least five (5) minutes prior to the start of the conference. (smm) |
| Filing 49 NOTICE OF HEARING ON MOTION(S) - (TEXT ONLY - NO IMAGE ASSOCIATED WITH THIS ENTRY): The parties are hereby notified that a Hearing on Defendant's Motion for Protective Order #43 has been set for Tuesday, August 22, 2017 at 10:00 AM (CST) in Courtroom 6 - Memphis before Magistrate Judge Tu M. Pham. Judge Pham requires that prior to the hearing, all parties must meet and confer in good faith regarding all issues raised in the motion(s). Out of town counsel may appear in person or by telephone by dialing the conference line at 877-336-1829; enter Access Code 8263358 and bypass the security code when prompted, at least five (5) minutes prior to the start of the conference. (smm) |
| Filing 48 RESPONSE in Opposition re #42 Amended MOTION to Amend/Correct Motion for Settlement Conferenc filed by United Industries Corporation. (Pepke, Amy) |
| Filing 47 RESPONSE in Opposition re #43 MOTION for Protective Order Related To Discovery and Supplemental Briefing Deadline of Friday, July 27, 2017 filed by Susan McKnight, Inc.. (Linderman, John) |
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Filing 46
Agreed ORDER granting extension of time. Signed by Magistrate Judge Tu M. Pham on 7/28/2017. (Pham, Tu)
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Filing 45
ORDER REFERRING DEFENDANTS MOTION FOR ORDER OF PROTECTION (ECF NO. 43) AND ALL DISCOVERY-RELATED MOTIONS TO MAGISTRATE JUDGE. Signed by Judge Jon Phipps McCalla on 7/27/2017. (McCalla, Jon)
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Filing 44
ORDER granting in part and denying in part #24 Motion to Dismiss. Signed by Judge Jon Phipps McCalla on 7/26/2017. (McCalla, Jon)
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| Filing 43 MOTION for Protective Order Related To Discovery and Supplemental Briefing Deadline of Friday, July 27, 2017 by United Industries Corporation. (Attachments: #1 Memorandum Memorandum of Law in support of Motion for Order of Protection, #2 Exhibit Ex. A, #3 Exhibit Ex. B)(Pepke, Amy) |
| Filing 42 Amended MOTION to Amend/Correct Motion for Settlement Conferenc by Susan McKnight, Inc.. (Attachments: #1 Exhibit transcript 01092017)(Linderman, John) |
| Filing 41 MOTION for Settlement propose order submitted by Susan McKnight, Inc.. (Attachments: #1 Exhibit Transcript 01092017)(Linderman, John) |
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Filing 40
ORDER GRANTING DEFENDANTS MOTION FOR RECONSIDERATION AND ORDER FOR SUPPLEMENTAL BRIEFING ON VENUE. Signed by Judge Jon Phipps McCalla on 7/7/2017. (McCalla, Jon)
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| Filing 39 Notice of Correction to #32 Order on Motion to Dismiss, Order on Motion to Stay, #38 MOTION for Reconsideration re #35 MOTION for Reconsideration re #32 Order on Motion to Dismiss, Order on Motion to Stay /Plaintiff's Opposition to Defendant's Motion to Reconsider Defendant's Motion to Dismiss for Improper Venue. (Baldridge, Adam) |
| Filing 38 MOTION for Reconsideration re #35 MOTION for Reconsideration re #32 Order on Motion to Dismiss, Order on Motion to Stay /Plaintiff's Opposition to Defendant's Motion to Reconsider Defendant's Motion to Dismiss for Improper Venue by Susan McKnight, Inc.. (Baldridge, Adam) |
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Filing 37
ORDER granting #36 Motion staying proceedings pending the Court's disposition of the motion to reconsider. Signed by Judge Jon Phipps McCalla on 6/6/2017. (McCalla, Jon)
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| Filing 36 Consent MOTION re #35 MOTION for Reconsideration re #32 Order on Motion to Dismiss, Order on Motion to Stay proposed order submitted by United Industries Corporation. (Pepke, Amy) |
| Filing 35 MOTION for Reconsideration re #32 Order on Motion to Dismiss, Order on Motion to Stay by United Industries Corporation. (Attachments: #1 Memorandum)(Pepke, Amy) |
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Filing 34
ORDER granting #33 Motion to Extend Deadline. Signed by Judge Jon Phipps McCalla on 4/20/2017. (McCalla, Jon)
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| Filing 33 MOTION to Extend Deadline for Motions to Amend Pleadings in the Scheduling Order and Incorporated Memorandum - Proposed Order Submitted by Susan McKnight, Inc.. (Baldridge, Adam) |
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Filing 32
ORDER denying #22 Motion to Dismiss; denying #23 Motion to Stay. Signed by Judge Jon Phipps McCalla on 4/14/2017. (McCalla, Jon)
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| Filing 31 REPLY to Response to Motion re #29 Response in Opposition to Motion, to Dismiss for Lack of Personal Jurisdiction and to Dismiss Plaintiff's Indirect and Willful Infringement Claims filed by United Industries Corporation. (Pepke, Amy) |
| Filing 30 REPLY to Response to Motion re #27 Response in Opposition to Motion to Dismiss for Improper Venue filed by United Industries Corporation. (Pepke, Amy) |
| Filing 29 RESPONSE in Opposition re #24 MOTION to Dismiss for Lack of Personal Jurisdiction and to Dismiss Plaintiff's Indirect and Willful Infringement Claims filed by Susan McKnight, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Baldridge, Adam) |
| Filing 28 RESPONSE in Opposition re #23 MOTION to Stay Pending the United States Supreme Court's Decision in the TC Heartland Case filed by Susan McKnight, Inc.. (Baldridge, Adam) |
| Filing 27 RESPONSE in Opposition re #22 MOTION to Dismiss for Improper Venue filed by Susan McKnight, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Baldridge, Adam) |
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Filing 26
ORDER granting #25 Motion for Extension of Time to File Response/Reply re #23 MOTION to Stay Pending the United States Supreme Court's Decision in the TC Heartland Case Responses due by 3/13/2017. Signed by Judge Jon Phipps McCalla on 2/21/2017. (McCalla, Jon)
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| Filing 25 MOTION for Extension of Time to File Response/Reply as to #23 MOTION to Stay Pending the United States Supreme Court's Decision in the TC Heartland Case -Proposed Order Submitted by Susan McKnight, Inc.. (Baldridge, Adam) |
| Filing 24 MOTION to Dismiss for Lack of Personal Jurisdiction and to Dismiss Plaintiff's Indirect and Willful Infringement Claims by United Industries Corporation. (Attachments: #1 Memorandum Brief in support of motion, #2 Exhibit Ex. A, #3 Exhibit Ex. B, #4 Exhibit Ex. C)(Pepke, Amy) |
| Filing 23 MOTION to Stay Pending the United States Supreme Court's Decision in the TC Heartland Case by United Industries Corporation. (Attachments: #1 Memorandum Brief in support of motion)(Pepke, Amy) |
| Filing 22 MOTION to Dismiss for Improper Venue by United Industries Corporation. (Attachments: #1 Memorandum Brief in support of motion, #2 Exhibit Ex. A, #3 Exhibit Ex. B, #4 Exhibit Ex. C, #5 Exhibit Ex. D, #6 Exhibit Ex. E, #7 Exhibit Ex. F, #8 Exhibit Ex. G, #9 Exhibit Ex. H)(Pepke, Amy) |
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Filing 21
ORDER ADOPTING #12 Report of Rule 26(f) Joint Proposed Schedule. Signed by Judge Jon Phipps McCalla on 1/13/2017. (McCalla, Jon)
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| Filing 20 Exhibit List for Patent Scheduling Conference held on 1/9/2017. (btg) |
| Filing 19 Minute Entry for proceedings held before Judge Jon Phipps McCalla: Patent Scheduling Conference held on 1/9/2017. John Charles Linderman & Adam Baldridge appearing for the Plaintiff. Amy Pepke & Clifford Ragsdale Lamar, II appearing for the Defense. Technical presentation given by both parties. Exhibits 1-5 marked. Related cases discussed. The Court adopts the join proposed schedule. (Court Reporter: Nicole Warren) (btg) |
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Filing 18
ORDER GRANTING MOTION TO RESCHEDULE PATENT SCHEDULING CONFERENCE. Signed by Judge Jon Phipps McCalla on 12/15/2016. (McCalla, Jon)
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Filing 17
ORDER granting #15 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Jon Phipps McCalla on 12/15/2016. (McCalla, Jon)
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| Filing 16 SETTING LETTER: Patent Scheduling Conference reset to Monday, 1/9/2017 at 10:30 AM in Courtroom 1 - Memphis before Judge Jon Phipps McCalla. (btg) |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice of John C. Linderman - Proposed Order Submitted (Filing fee $ 150 receipt number 0651-2455344) by Susan McKnight, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Linderman, John) |
| Filing 14 Joint MOTION for Waiver of Local Patent Rule 2.1(d)(3) Attendance by Parties or, in the Alternative, to Reschedule Patent Scheduling Conference - Proposed Order Submitted by Susan McKnight, Inc.. (Baldridge, Adam) |
| Filing 13 AMENDED COMPLAINT against United Industries Corporation, filed by Susan McKnight, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Baldridge, Adam) |
| Filing 12 REPORT of Rule 26(f) Planning Meeting - Joint Planning Report and Proposed Schedule. (Baldridge, Adam) |
| Filing 11 SETTING LETTER: Patent Scheduling Conference set for Monday,12/19/2016 at 9:30 AM in Courtroom 1 - Memphis before Judge Jon Phipps McCalla. (btg) |
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Filing 10
ORDER GRANTING #9 Joint MOTION for Extension of Time to File Answer. Signed by Judge Jon Phipps McCalla on 10/18/2016. (McCalla, Jon)
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| Filing 9 Joint MOTION for Extension of Time to File Answer re #1 Complaint, proposed order submitted by United Industries Corporation. (Lamar, Clifford) |
| Filing 8 NOTICE of Appearance by Clifford Ragsdale Lamar, II on behalf of United Industries Corporation (Lamar, Clifford) |
| Filing 7 NOTICE of Appearance by Amy Pepke on behalf of United Industries Corporation (Pepke, Amy) |
| Filing 6 Corporate Disclosure Statement by Susan McKnight, Inc.. (Baldridge, Adam) |
| Filing 5 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (jld) |
| Filing 4 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Complex track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jld) |
| Filing 3 Judge Jon Phipps McCalla and Magistrate Judge Tu M. Pham added. (jld) |
| Filing 2 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 9,253,973; . (Baldridge, Adam) |
| Filing 1 COMPLAINT for Patent Infringement against United Industries Corporation (Filing fee $ 400 receipt number 0651-2354863), filed by Susan McKnight, Inc.. (Attachments: #1 Exhibit A - U.S. Patent No. 9,253,973, #2 Civil Cover Sheet)(Baldridge, Adam) |
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| Plaintiff: Susan McKnight, Inc. | |
| Represented By: | John Charles Linderman |
| Represented By: | Adam S. Baldridge |
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| Defendant: United Industries Corporation | |
| Represented By: | Amy Pepke |
| Represented By: | Clifford Ragsdale Lamar, II |
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