Richell USA, Inc. v. Cinmar, LLC et al
| Richell USA, Inc. |
| Frontgate Marketing, Inc. and Cinmar, LLC |
| Jeff Kaplan and Scott Woloson |
| 4:2018cv00847 |
| December 4, 2018 |
| US District Court for the Eastern District of Texas |
| Amos L Mazzant |
| Patent |
| 35 U.S.C. § 271 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 1, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 72 Notice of Filing of Patent/Trademark Form (AO 120) at termination of case. (daj, ) |
Filing 71
ORDER DISMISSING ACTION WITH PREJUDICE. It is hereby ORDERED, ADJUDGED and DECREED that all claims and causes of action between and among Plaintiff and Defendants arising out of this action are dismissed with prejudice. Each party shall bear their own costs and fees. All relief not previously granted is hereby denied. The Clerk is directed to close this civil action. Signed by District Judge Amos L. Mazzant, III on 3/17/2020. (daj, )
|
|
Filing 70
ORDER. The Court hereby ORDERS the parties to appropriately divide and pay $9,520.00 to the Law Office of Scott Woloson, P.C., 1431 Wirt Road #141, Houston, TX 77055 [Account No. 12.0002] within thirty (30) days from the entry of this Order. Signed by District Judge Amos L. Mazzant, III on 3/16/2020. (daj, )
|
| Filing 69 STIPULATION of Dismissal by Richell USA, Inc.. (Moran, Michelle) (Additional attachment(s) added on 3/13/2020: #1 Text of Proposed Order) (baf, ). |
|
Filing 68
ORDER. Due to the Court's criminal trial docket, the Markman Hearing of this case is RESET to Friday, 3/20/2020, at 9:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 2/11/2020. (baf, )
|
| Filing 67 Joint Claim Construction Chart by Richell USA, Inc.. (Moran, Michelle) |
| Filing 66 REPLY CLAIM CONSTRUCTION BRIEF filed by Richell USA, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Moran, Michelle) |
| Filing 65 RESPONSE to Richell USA, Inc.'s CLAIM CONSTRUCTION BRIEF filed by Cinmar, LLC, Frontgate Marketing, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kirsch, Kevin) |
| Filing 64 NOTICE of Discovery Disclosure by Cinmar, LLC, Frontgate Marketing, Inc. (Kirsch, Kevin) |
| Filing 63 NOTICE by Cinmar, LLC, Frontgate Marketing, Inc. Regarding Technology Synopsis (Attachments: #1 Exhibit A 449 Patent, #2 Exhibit B 983 Patent, #3 Exhibit C 816 Patent, #4 Exhibit D Richell-Japan 2003 Catalog, #5 Exhibit E Kaufman, #6 Exhibit F Ferran, #7 Exhibit G JP D 649, #8 Exhibit H Miller)(Kirsch, Kevin) |
| Filing 62 NOTICE by Richell USA, Inc. Regarding Technology Synopsis (Moran, Michelle) |
|
Filing 61
ORDER APOINTING TECHNICAL ADVISOR. The Court hereby appoints Scott Woloson to serve as the Technical Advisor for the Court in this case. The technical advisor will provide the Court with a pre-hearing memo by 5:00 p.m. on February 14, 2020, and will meet with the Court at the Paul Brown United States Courthouse, 101 E. Pecan Street, Sherman, Texas 75090 on February 19, 2020, at 8:30 a.m. and again immediately following the Markman hearing. Signed by District Judge Amos L. Mazzant, III on 1/21/2020. (baf, )
|
| Filing 60 CLAIM CONSTRUCTION BRIEF filed by Richell USA, Inc.. (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 Exhibit I)(Moran, Michelle) |
| Filing 59 ANSWER to #50 Answer to Complaint,, Counterclaim, by Richell USA, Inc..(Moran, Michelle) |
| Filing 58 NOTICE of Discovery Disclosure by Richell USA, Inc. Preliminary Election of Asserted Claims (Moran, Michelle) |
|
Filing 57
ORDER - GRANTING #56 Motion for Extension of Time to Complete Discovery. It is therefore ORDERED that that parties have until January 17, 2020, to exchange privilege logs. All other deadlines shall remain in effect absent further order by the Court. Signed by District Judge Amos L. Mazzant, III on 1/6/2020. (baf, )
|
| Filing 56 Joint MOTION for Extension of Time to Complete Discovery - Extend Deadline to Exchange Privilege Logs by Richell USA, Inc.. (Attachments: #1 Text of Proposed Order)(Moran, Michelle) |
|
Filing 55
ORDER - DENYING as moot #24 Motion to Dismiss; GRANTING #49 Motion for Leave to File a Third Amended Answer and Counterclaims. Signed by District Judge Amos L. Mazzant, III on 1/2/2020. (baf, )
|
| Filing 54 REPLY to Response to Motion re #49 MOTION for Leave to File Third Amended Answer and Counterclaims filed by Cinmar, LLC, Frontgate Marketing, Inc.. (Kirsch, Kevin) |
| Filing 53 NOTICE by Cinmar, LLC, Frontgate Marketing, Inc. re #51 Claim Construction Chart or Claim Construction and Prehearing Statement regarding Additional Agreed-On Construction of Claim Term (Kirsch, Kevin) |
| Filing 52 RESPONSE in Opposition re #49 MOTION for Leave to File Third Amended Answer and Counterclaims filed by Richell USA, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Moran, Michelle) |
| Filing 51 Joint Claim Construction and Prehearing Statement by Cinmar, LLC, Frontgate Marketing, Inc.. (Kirsch, Kevin) |
| Filing 50 Third Amended ANSWER to #1 Complaint, , COUNTERCLAIM against Richell USA, Inc. by Frontgate Marketing, Inc., Cinmar, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15)(Kirsch, Kevin) |
| Filing 49 MOTION for Leave to File Third Amended Answer and Counterclaims by Cinmar, LLC, Frontgate Marketing, Inc.. (Attachments: #1 Exhibit A - Tracked Changes in Third Amended Answer and Counterclaims, #2 Text of Proposed Order)(Kirsch, Kevin) |
|
Filing 48
AMENDED SCHEDULING ORDER: Parties' Final Amended Pleadings due by 11/21/2019. Discovery Deadline 5/26/2020. Joinder of Parties due by 9/26/2019. Proposed Jury instructions and Form of Verdict due by 9/21/2020. Deadline to file dispositive motions and any other motions that may require a hearing 6/2/2020. Proposed retrial Order due by 9/4/2020. Claim construction hearing set for 2/19/2020 at 9:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Final Pretrial Conference set for 10/6/2020 at 1:30 PM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 10/1/2019. (baf, )
|
| Filing 47 Submission of Proposed Agreed Docket Control/Scheduling order by Cinmar, LLC, Frontgate Marketing, Inc. . (Kirsch, Kevin) |
| Filing 46 NOTICE of Discovery Disclosure by Richell USA, Inc. Mandatory and Initial Disclosures (Moran, Michelle) |
| Filing 45 NOTICE of Discovery Disclosure by Cinmar, LLC, Frontgate Marketing, Inc. regarding P.R. 3-3 Invalidity Contentions, P.R. 3-4 Disclosures, Initial Disclosures, and Mandatory Disclosures (Brandyberry, Jared) |
| Filing 44 NOTICE of Attorney Appearance by Jared A Brandyberry on behalf of Cinmar, LLC, Frontgate Marketing, Inc. (Brandyberry, Jared) |
| In light of the June 24, 2019 STAY of this case, the October 29, 2019 Markman hearing is CANCELLED. In accordance with the parties' September 16, 2019 Joint Report on the Status of the Action (Dkt. #43), the parties are directed to work together to submit a jointly proposed schedule to the Court. If the parties cannot agree on a proposal, they shall so notify the Court by October 15, 2019. (tls) |
| Filing 43 STATUS REPORT by Cinmar, LLC, Frontgate Marketing, Inc.. (Kirsch, Kevin) |
| Filing 42 STATUS REPORT by Cinmar, LLC, Frontgate Marketing, Inc.. (Kirsch, Kevin) |
| Filing 41 STATUS REPORT by Cinmar, LLC, Frontgate Marketing, Inc.. (Kirsch, Kevin) |
|
Filing 40
MEMORANDUM OPINION AND ORDER. The Court RELIEVES the parties from its previous order and GRANTS the parties' Joint Motion to Reconsider Denial of Parties' Motion to Stay Action (Dkt. #39 ). The Court STAYS the case until September 16, 2019. Signed by District Judge Amos L. Mazzant, III on 6/24/2019. (baf, )
|
| Filing 39 Joint MOTION for Reconsideration re #38 Memorandum & Opinion, Order by Cinmar, LLC, Frontgate Marketing, Inc.. (Attachments: #1 Text of Proposed Order)(Kirsch, Kevin) |
|
Filing 38
MEMORANDUM OPINION AND ORDER. The Court DENIES the parties' Joint Motion to Stay #37 . Signed by District Judge Amos L. Mazzant, III on 6/19/2019. (baf, )
|
| Filing 37 Joint MOTION to Stay re #35 Report of Mediation, Action for 90 Days by Cinmar, LLC, Frontgate Marketing, Inc.. (Attachments: #1 Text of Proposed Order)(Kirsch, Kevin) |
|
Filing 36
ORDER - GRANTING #34 Motion for Extension of Time to Complete Discovery. IT IS ORDERED that Frontgate shall serve its P.R. 3-3 disclosures, P.R. 3-4 disclosures, mandatory disclosures, and initial disclosures on or before June 23, 2019. Signed by District Judge Amos L. Mazzant, III on 6/17/2019. (baf, )
|
| Filing 35 REPORT of Mediation by Jeff Kaplan. Mediation result: No settlement was reached, the parties agreed to explore various business arrangements that might result in a resolution of the dispute. The parties will keep the mediator advised of the status of these discussions and seek assistance from the mediator, if necessary(Kaplan, Jeff) |
| Filing 34 Unopposed MOTION for Extension of Time to Complete Discovery -Extend Deadlines for Defendants' P.R. 3-3 Disclosures, P.R. 3-4 Disclosures, Mandatory Disclosures, and Initial Disclosures by Cinmar, LLC, Frontgate Marketing, Inc.. (Attachments: #1 Text of Proposed Order)(Kirsch, Kevin) |
| Filing 33 NOTICE of Discovery Disclosure by Richell USA, Inc. Patent Rule 3-1 and 3-2 Disclosures (Moran, Michelle) |
|
Filing 32
ORDER REFERRING CASE TO MEDIATION. The Court hereby ORDERS that this case be submitted to mediation in accordance with this court's Mediation Plan. The mediator assigned is the Hon. Jeff Kaplan (Ret.). The mediation conference shall be conducted by the following date: 30 days after entry of claim construction order. Signed by District Judge Amos L. Mazzant, III on 5/16/2019. (baf, )
|
|
Filing 31
SCHEDULING ORDER: Parties' final amended Pleadings (a motion for leave to amend is required) due by 8/8/2019., Discovery due by 1/28/2020. Joinder of Parties due by 6/13/2019. Proposed Jury instructions and Form of Verdict due by 6/3/2020. Dispositive motions and any other motions that may require a hearing due by 1/28/2020. Joint Final Pretrial Order due by 5/18/2020. Claim construction hearing set for 10/29/2019 at 1:30 PM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Final Pretrial Conference set for 6/17/2020 at 1:30 PM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 5/13/2019. (baf, )
|
|
Filing 30
ORDER FOCUSING PATENT CLAIMS AND PRIOR ART TO REDUCE COSTS. Signed by District Judge Amos L. Mazzant, III on 5/13/2019. (baf, )
|
|
Filing 29
MODIFIED PROTECTIVE ORDER. Signed by District Judge Amos L. Mazzant, III on 5/13/2019. (baf, )
|
|
Filing 28
MODIFIED ORDER REGARDING E-DISCOVERY IN PATENT CASES. Signed by District Judge Amos L. Mazzant, III on 5/13/2019. (baf, )
|
| Minute Entry for proceedings held before District Judge Amos L. Mazzant, III: Scheduling Conference held on 5/9/2019. Scheduling Order to follow. (kkc, ) |
| Filing 27 REPLY to Response to Motion re #24 MOTION to Dismiss Counterclaim for Declaratory Judgment of Unforceability filed by Richell USA, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Moran, Michelle) |
| Filing 26 RESPONSE in Opposition re #24 MOTION to Dismiss Counterclaim for Declaratory Judgment of Unforceability filed by Cinmar, LLC, Frontgate Marketing, Inc.. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Young, James) |
| Filing 25 NOTICE of Attorney Appearance by David A Mancino on behalf of All Defendants (Mancino, David) |
| Counsel are reminded that the Court has not opted out of this court's Local Rules concerning courtesy copies; therefore, Counsel are asked to comply with Local Rule CV-5(a)(9) and Local Rule CV-10(b) with respect to sending courtesy copies to Judge Mazzant. Please send copies of pleadings that exceed 20 pages to Judge Mazzant's chambers. Please use tabs and dividers for exhibits. (tls) |
| Filing 24 MOTION to Dismiss Counterclaim for Declaratory Judgment of Unforceability by Richell USA, Inc.. (Attachments: #1 Exhibit A. E-mail, #2 Exhibit B. US Pat. 5,544,870, #3 Exhibit C. US Pat. 5,081,723., #4 Text of Proposed Order)(Moran, Michelle) |
| Filing 23 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Exhibit A - Proposed Case Schedule, #2 Exhibit B - Proposed Order Focusing Patent Claims and Prior Art to Reduce Costs, #3 Exhibit C. Proposed Order re E-Discovery, #4 Exhibit D Proposed Modified Protective Order)(Moran, Michelle) |
| Filing 22 NOTICE of Attorney Appearance by Kevin Patrick Flynn on behalf of All Defendants (Flynn, Kevin) |
|
Filing 21
ORDER - DENYING AS MOOT #12 Motion to Dismiss. Signed by District Judge Amos L. Mazzant, III on 4/5/2019. (baf, )
|
| Filing 20 Second Amended ANSWER to #1 Complaint, , COUNTERCLAIM against Richell USA, Inc. by Frontgate Marketing, Inc., Cinmar, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Young, James) |
|
Filing 19
ORDER - GRANTING #18 Motion to Amend and Reset Pleading Deadlines. IT IS THEREFORE ORDERED that Defendants are permitted to file their Second Amended Counterclaims by April 2, 2019. IT IS FURTHER ORDERED that Plaintiff is permitted to file its response to Defendants' Second Amended Counterclaims by April 16, 2019. Signed by District Judge Amos L. Mazzant, III on 3/29/2019. (baf, )
|
| Filing 18 Joint MOTION to Amend and Reset Pleading Deadlines by Cinmar, LLC, Frontgate Marketing, Inc.. (Attachments: #1 Text of Proposed Order)(Sanders, Roger) |
|
Filing 17
ORDER - GRANTING #16 Motion for Extension of Time to File Response to #14 Amended Answer and Counterclaims in Response to Plaintiff Richell USA, Inc.'s Complaint. Responses due by 3/28/2019. Signed by District Judge Amos L. Mazzant, III on 3/19/2019. (baf, )
|
| Filing 16 Unopposed MOTION for Extension of Time to File Response/Reply as to #14 Answer to Complaint,, Counterclaim, by Richell USA, Inc.. (Attachments: #1 Text of Proposed Order)(Moran, Michelle) |
| Filing 15 NOTICE of Attorney Appearance by Michelle Anne Moran on behalf of Richell USA, Inc. (Moran, Michelle) |
| Filing 14 Amended ANSWER to #1 Complaint, and, COUNTERCLAIM against Richell USA, Inc. by Frontgate Marketing, Inc., Cinmar, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Sanders, Roger) |
|
Filing 13
ORDER GOVERNING PROCEEDINGS. Initial Rule 16 Management Conference set for 5/9/2019 at 10:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 2/24/2019. (baf, )
|
| Filing 12 MOTION to Dismiss DEFENDANTS' COUNTERCLAIM FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED by Richell USA, Inc.. Responses due by 2/18/2019 (Thomas, Jonathan) (Additional attachment(s) added on 2/19/2019: #1 Text of Proposed Order) (baf, ). |
| Filing 11 NOTICE of Attorney Appearance - Pro Hac Vice by Andrew Samuels on behalf of Cinmar, LLC, Frontgate Marketing, Inc.. Filing fee $ 100, receipt number 0540-7126523. (Samuels, Andrew) |
| Filing 10 NOTICE of Attorney Appearance - Pro Hac Vice by Jason P Grier on behalf of Cinmar, LLC, Frontgate Marketing, Inc.. Filing fee $ 100, receipt number 0540-7126291. (Grier, Jason) |
| Filing 9 Defendants' ANSWER to #1 Complaint, and, COUNTERCLAIM against Richell USA, Inc. by Frontgate Marketing, Inc., Cinmar, LLC.(Sanders, Roger) |
| Filing 8 NOTICE of Attorney Appearance by Roger D Sanders on behalf of Cinmar, LLC, Frontgate Marketing, Inc. (Sanders, Roger) |
| Filing 7 NOTICE of Attorney Appearance by James Michael Young on behalf of Cinmar, LLC, Frontgate Marketing, Inc. (Young, James) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (baf, ) |
| Defendant's Unopposed FIRST Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Frontgate Marketing, Inc. to 1/28/2019; Cinmar, LLC to 1/28/2019. 30 Days Granted for Deadline Extension.( baf, ) |
| Filing 6 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Cinmar, LLC, Frontgate Marketing, Inc..( Kirsch, Kevin) |
| Filing 5 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Storm, Paul) |
| Filing 4 SUMMONS Issued as to Cinmar, LLC. (baf, ) |
| Filing 3 SUMMONS Issued as to Frontgate Marketing, Inc.. (baf, ) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT filed by Richell USA, Inc. identifying Corporate Parent Richell Corporation for Richell USA, Inc.. (Storm, Paul) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0540-7049751.), filed by Richell USA, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet)(Storm, Paul) |
| Case ASSIGNED to District Judge Amos L. Mazzant, III. (baf, ) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (baf, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
