Millennium Outdoors, LLC v. The Wise Company, Inc.
| Millennium Outdoors, LLC |
| The Wise Company, Inc. |
| 2:2021cv02388 |
| June 10, 2021 |
| US District Court for the Western District of Tennessee |
| Jon Phipps McCalla |
| Thomas L Parker |
| Tu M Pham |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Both |
Docket Report
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This docket was last retrieved on April 21, 2022. A more recent docket listing may be available from PACER.
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| Filing 44 JUDGMENT. Signed by Judge Jon Phipps McCalla on 4/21/2022. (mab) |
Filing 43
ORDER OF DISMISSAL. Signed by Judge Jon Phipps McCalla on 4/21/2022. (mab)
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| Filing 42 STIPULATION - Joint Stipulated Motion for Dismissal of Litigation by The Wise Company, Inc.. (Jenkins, Mark) |
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Filing 41
ORDER GRANTING #38 Motion to Extend Stay. Signed by Judge Jon Phipps McCalla on 3/11/2022. (mab)
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| Filing 40 Minute Entry for proceedings held before Judge Jon Phipps McCalla: TelephonicStatus Conference held on 3/11/2022. Angela Holt appeared for the plaintiff. Juanita DeLoach appeared for the defense. Parties advised the court as to settlement progress. Settlement agreement will be finalized by April 21, 2022. The court will follow in LR 83.13. An order will be entered. (Court Reporter: Tina Gibson) (jrs) |
| Filing 39 SETTING LETTER: A Telephonic Status Conference has been set for Friday, 3/11/2022 at 2:00 PM before Judge Jon Phipps McCalla. To access the telephonic conference parties will dial 888-675-2535 and enter access code 7360481. Please call at least 5 minutes in advance of the conference time. (jrs) |
| Filing 38 STATUS REPORT Joint Status Report and Motion to Extend Stay by The Wise Company, Inc.. (Jenkins, Mark) |
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Filing 37
ORDER GRANTING #36 Motion to Stay. Signed by Judge Jon Phipps McCalla on 12/7/2021. (mab)
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| Filing 36 NOTICE by Millennium Outdoors, LLC Joint Notice of Agreement in Principle and Motion to Stay Deadlines (Gipson, Jake) |
| Filing 35 STIPULATION re #30 Order Stipulation Extending Time to Produce Documents As Part of Initial Disclosures by Millennium Outdoors, LLC. (Gipson, Jake) |
| Filing 34 ANSWER to #31 Answer to Complaint, Counterclaim Millennium Outdoors, LLC's Answer to Counterclaims by Millennium Outdoors, LLC.(Gipson, Jake) |
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Filing 33
PROTECTIVE ORDER. Signed by Judge Jon Phipps McCalla on 11/1/2021. (mab)
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| Filing 32 STIPULATION [PROPOSED]Stipulated Protective Order - Proposed Order Submitted by Millennium Outdoors, LLC. (Gipson, Jake) |
| Filing 31 ANSWER to #1 Complaint, with Jury Demand and, COUNTERCLAIM against Millennium Outdoors, LLC by The Wise Company, Inc..(Jenkins, Mark) |
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Filing 30
AMENDED SCHEDULING ORDER. Signed by Judge Jon Phipps McCalla on 09/17/2021. (mab)
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Filing 29
ORDER GRANTING #28 Motion for Extension of Time to Answer The Wise Company, Inc. Answer due 10/20/2021. Signed by Judge Jon Phipps McCalla on 9/17/2021. (mab)
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| Filing 28 Third MOTION for Extension of Time to File Answer (proposed order submitted) by The Wise Company, Inc.. (Jenkins, Mark) |
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Filing 27
ORDER GRANTING #25 Motion to Withdraw. Signed by Judge Jon Phipps McCalla on 09/07/2021. (mab)
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| Filing 26 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #25 MOTION to Withdraw [PROPOSED] Order Submitted filed by Millennium Outdoors, LLC has been filed. For future reference, please note : Proposed orders are not to be published on ECF, but only emailed to chambers in word format. If no order previously emailed, please do so upon receipt of this notice. Please refer to the #ECF User Manual and #ECF Policies and Procedures. Filer is not required to resubmit document. (jae) |
| Filing 25 MOTION to Withdraw [PROPOSED] Order Submitted by Millennium Outdoors, LLC. (Attachments: #1 Exhibit [Proposed] Order Granting J. Palmer's Motion to Withdraw)(Palmer, Jason) |
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Filing 24
ORDER GRANTING #23 Motion for Extension of Time to Answer. */ TEXT GRANT ONLY - NO PDF */ Signed by Judge Jon Phipps McCalla on 8/20/2021. (pa)
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| Filing 23 Second MOTION for Extension of Time to File Answer (proposed order submitted) by The Wise Company, Inc.. (Jenkins, Mark) |
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Filing 22
SCHEDULING ORDER. Signed by Judge Jon Phipps McCalla on 8/17/2021. (pa)
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| Filing 21 SETTING LETTER: The Jury Trial is set for Monday, 8/29/2022 at 9:30 AM in Courtroom 3 - Memphis before Judge Jon Phipps McCalla. The Pretrial Conference is set for Friday, 8/19/2022 at 10:30 AM in Courtroom 3 - Memphis before Judge Jon Phipps McCalla. The Proposed Joint Pretrial Order is due by 4:30 PM on 8/9/2022. (jrs) |
| Filing 20 Minute Entry for proceedings held before Judge Jon Phipps McCalla: Telephonic Scheduling Conference held on 8/16/2021. Angela Holt and Jake Gipson appeared for the Plaintiff. Mark David Jenkins and Juanita DeLoach appeared for the Defendant. This is a civil action for infringement of United States Design Patent Nos. D727,046 (the 046 Patent) and D727,047 (the 047 Patent) and trade dress infringement, unfair competition, and false designation of origin, under Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a). The Court reviewed the nature of the design patents and whether claims construction apply. Responsive pleading due by August 19, 2021. Company information reviewed. Parties will ascertain manufacturing sources by August 30, 2021. Parties will submit a Protective Order by August 30, 2021. The Court also reviewed deadlines with parties and set a schedule. A Jury Trial is set for Monday, August 29, 2022 at 9:30 AM before Judge Jon Phipps McCalla in Courtroom 3. The trial is expected to take 4-5 days. The Pretrial Conference is set for Friday, August 19, 2022 at 10:30 AM before Judge Jon Phipps McCalla. The Proposed Joint Pretrial Order will be due by 4:30 PM on August 9, 2022. A Scheduling Order will be entered. (Court Reporter: Tina Gibson) (jrs) |
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Filing 19
ORDER GRANTING #17 Motion for Leave to Appear Pro Hac Vice. */ TEXT GRANT ONLY - NO PDF */Signed by Judge Jon Phipps McCalla on 8/12/2021. (pa)
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| Filing 18 REPORT of Rule 26(f) Planning Meeting Report of the Parties' Planning Meeting Pursuant to Rule 26(f). (Gipson, Jake) |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice of Angela Holt on behalf of Millenium Outdoors, LLC (Filing fee $ 150 receipt number ATNWDC-3672043) by Millennium Outdoors, LLC. (Holt, Angela) |
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Filing 16
ORDER GRANTING #15 Motion for Leave to Appear Pro Hac Vice. */ TEXT GRANT ONLY - NO PDF */ Signed by Judge Jon Phipps McCalla on 8/4/2021. (pa)
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| Filing 15 MOTION for Leave to Appear Pro Hac Vice (proposed order submitted) (Filing fee $ 150 receipt number ATNWDC-3670217) by The Wise Company, Inc.. (DeLoach, Juanita) |
| Filing 14 SETTING LETTER: A Telephonic Scheduling Conference has been set for Monday, 8/16/2021 at 9:30 AM before Judge Jon Phipps McCalla. To access the telephonic conference parties will dial 888-675-2535 and enter access code 7360481. Please call at least 5 minutes in advance of the conference time. (jrs) |
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Filing 13
ORDER GRANTING #12 Motion for Extension of Time to Answer. */ TEXT GRANT ONLY - NO PDF */ Signed by Judge Jon Phipps McCalla on 7/21/2021. (pa)
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| Filing 12 MOTION for Extension of Time to File Answer (proposed order submitted) by The Wise Company, Inc.. (Jenkins, Mark) |
| Filing 11 Corporate Disclosure Statement by The Wise Company, Inc.. (Jenkins, Mark) |
| Filing 10 NOTICE of Appearance by Mark David Jenkins on behalf of The Wise Company, Inc. (Jenkins, Mark) |
| Filing 9 Corporate Disclosure Statement by Millennium Outdoors, LLC. (Gipson, Jake) |
| Filing 8 Summons Issued as to The Wise Company, Inc.. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (agj) |
| Filing 7 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) D727, 046 S; D727, 047 S; . (Gipson, Jake) |
| Filing 6 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (agj) |
| Filing 5 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (agj) |
| Filing 4 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 (agj) |
| Filing 3 Judge Jon P. McCalla and Chief Magistrate Judge Tu M. Pham added. (agj) (Main Document 3 replaced on 6/11/2021) (agj). |
| Filing 2 NOTICE of Summons by Jake M Gipson on behalf of Millennium Outdoors, LLC. (Gipson, Jake) |
| Filing 1 COMPLAINT against The Wise Company, Inc. (Filing fee $ 402 receipt number ATNWDC-3629324), filed by Millennium Outdoors, LLC. (Attachments: #1 Exhibit Exhibit A through D to Complaint, #2 Civil Cover Sheet Civil Cover Sheet)(Gipson, Jake) |
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| Plaintiff: Millennium Outdoors, LLC | |
| Represented By: | Jake M Gipson |
| Represented By: | Angela Holt |
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| Defendant: The Wise Company, Inc. | |
| Represented By: | Mark David Jenkins |
| Represented By: | Juanita DeLoach |
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