Kittrich Corporation v. United Industries Corporation et al
| Kittrich Corporation |
| Spectrum Brands Holdings, Incorporated, United Industries Corporation and Liquid Fence Company |
| 1:2017cv00594 |
| May 24, 2017 |
| US District Court for the Eastern District of Virginia |
| Alexandria Office |
| Out of State |
| Theresa Carroll Buchanan |
| Anthony J Trenga |
| Trademark |
| 15 U.S.C. § 1114 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 8, 2017. A more recent docket listing may be available from PACER.
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| Filing 38 Report on the filing or determination of an action regarding patent and/or trademark(s) 3,966,816; 3,729,360; 3,763,653; 2,972,176; and 3,268,732. (rban, ) |
| Filing 37 TRANSCRIPT of proceedings held on 8/18/17 ( #18 Defendants' Motion to Dismiss or, Alternatively, to Transfer), before Judge Anthony J. Trenga, Court Reporter/Transcriber Rhonda Montgomery, Telephone number 703-299-4599. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 9/25/2017. Redacted Transcript Deadline set for 10/25/2017. Release of Transcript Restriction set for 11/24/2017.(montgomery, rhonda) |
| Case transferred from Virginia Eastern has been opened in Eastern District of Missouri as case 4:17-cv-02270, filed 08/18/2017.(ltun) |
Filing 36
ORDER re: #18 Motion to Dismiss the Complaint or Alternatively, to Transfer: On August 18, 2017, the Court held a hearing on Defendants' "Motion to Dismiss the Complaint or, Alternatively, to Transfer" [Doc. No. 18] (the "Motion"). Upon consideration of the Motion, the memoranda of law in support thereof and in opposition thereto, the arguments of counsel, and for the reasons stated in open court during the August 18, 2017 hearing, it is herebyORDERED that Defendants' Motion [Doc. No. 18] be, and the same hereby is, GRANTED in part and DENIED in part. It is GRANTED to the extent that this matter is TRANSFERRED to the United States District Court for the Eastern District of Missouri, and it is otherwise DENIED without prejudice.Signed by District Judge Anthony J Trenga on 8/18/2017. (jall)
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| Filing 35 Minute Entry for proceedings held before District Judge Anthony J Trenga:Motion Hearing held on 8/18/2017 re #18 MOTION to Dismiss the Complaint or, Alternatively, to Transfer filed by Spectrum Brands Holdings, Incorporated, United Industries Corporation, Liquid Fence Company. Appearances of Counsel for Pltf. and Deft.Motion argued and GRANTED IN PART/DENIED IN PART.The Court GRANTS the motion to transfer this case to the Eastern District of Missouri, and otherwise DENIES the motion without prejudice.Order to follow.(Court Reporter R. Montgomery.)(jall) |
| Case transferred to District of Eastern District of Missouri. Original file, certified copy of transfer order, and docket sheet sent. (jall) |
| Set/Reset Scheduling Order Deadlines: Initial Pretrial Conference reset for 8/25/2017 at 11:00 AM in Alexandria Courtroom 500 before Magistrate Judge Theresa Carroll Buchanan. (per TCB chambers) (tfitz, ) |
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Filing 34
It is ORDERED The Rule 16(b) Pretrial Conference scheduled for Wednesday, August 16, 2017 at 11:00 AM is continued to Wednesday, August 23, 2017 at 11:00 AM before the undersigned. All other provisions of the Order of July 24, 2017, including dates for completion of discovery and the pretrial conference, remain in effect. Signed by Magistrate Judge Theresa Carroll Buchanan on 8/14/17. (tfitz, )
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| Set/Reset Scheduling Order Deadlines: Initial Pretrial Conference reset for 8/23/2017 at 11:00 AM in Alexandria Courtroom 500 before Magistrate Judge Theresa Carroll Buchanan. (tfitz, ) |
| Filing 33 Reply to Motion re #18 MOTION to Dismiss the Complaint or, Alternatively, to Transfer filed by Liquid Fence Company, Spectrum Brands Holdings, Incorporated, United Industries Corporation. (Utermohlen, William) |
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Filing 32
ORDERED that Defendants United Industries Corporation, Liquid Fence Company and Spectrum Brands, Incorporated shall file any reply brief on the Motion to Dismiss the Complaint or, Alternatively to Transfer by August 11, 2017 in re #30 MOTION for Extension of Time. Signed by Magistrate Judge Theresa Carroll Buchanan on 08/10/2017. (jlan) Modified text on 8/10/2017 (jlan)
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| Filing 31 Joint Discovery Plan by Kittrich Corporation.(Podolsky, Susan) |
| Filing 30 MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss the Complaint or, Alternatively, to Transfer by Liquid Fence Company, Spectrum Brands Holdings, Incorporated, United Industries Corporation. (Attachments: #1 Proposed Order Proposed Order)(Utermohlen, William) |
| Filing 29 RESPONSE in Opposition re #18 MOTION to Dismiss the Complaint or, Alternatively, to Transfer filed by Kittrich Corporation. (Attachments: #1 Exhibit Declaration of Mark A. Calkins)(Podolsky, Susan) |
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Filing 28
ORDER granting #16 Motion to Withdraw as Attorney. Attorney Jonathan Rosser Tuttle terminated. Signed by Magistrate Judge Theresa Carroll Buchanan on 08/01/2017. (jlan)
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Filing 27
ORDER granting #15 Motion to appear Pro Hac Vice by Jennifer Elizabeth Hoekel and Certification of Local Counsel William J. Utermohlen. Signed by District Judge Anthony J Trenga on 07/26/2017. (jlan)
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Filing 26
ORDERED that Defendant's Motion to Seal is granted and Defendants are permitted to file under seal: Portions of the Declaration of Ryan Eilermann and Exhibit 2 to the Declaration of Ryan Eilermann. The Court shall retain sealed materials until forty-five (45) days after entry of a final order. If the case is not appealed, any sealed materials will be returned to counsel for the filing party. Signed by Magistrate Judge Theresa Carroll Buchanan on 07/25/2017. (jlan)
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Filing 25
SCHEDULING ORDER:Initial Pretrial Conference set for 8/16/2017 at 11:00 AM in Alexandria Courtroom 500 before Magistrate Judge Theresa Carroll Buchanan. Final Pretrial Conference set for 12/21/2017 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. Discovery due by 12/15/2017. Signed by District Judge Anthony J Trenga on 7/24/2017. (Attachments: #1 Magistrate Consent, #2 Pretrial Notice)(rban, )
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| Set Deadlines as to #18 MOTION to Dismiss the Complaint or, Alternatively, to Transfer. Motion Hearing set for 8/18/2017 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (clar, ) |
| Filing 24 Notice of Filing Sealing Motion LCvR5(C) by Liquid Fence Company, Spectrum Brands Holdings, Incorporated, United Industries Corporation re #21 MOTION to Seal Portions of Eilermann Declaration and Ex. 2 to Eilermann Declaration in Support of Defendants Motion to Dismiss (Utermohlen, William) |
| Filing 23 Sealed Attachment/Exhibit(s) re #22 Memorandum in Support,. (Utermohlen, William) |
| Filing 22 Memorandum in Support re #21 MOTION to Seal Portions of Eilermann Declaration and Ex. 2 to Eilermann Declaration in Support of Defendants Motion to Dismiss filed by Liquid Fence Company, Spectrum Brands Holdings, Incorporated, United Industries Corporation. (Utermohlen, William) |
| Filing 21 MOTION to Seal Portions of Eilermann Declaration and Ex. 2 to Eilermann Declaration in Support of Defendants Motion to Dismiss by Liquid Fence Company, Spectrum Brands Holdings, Incorporated, United Industries Corporation. (Attachments: #1 Proposed Order)(Utermohlen, William) |
| Filing 20 Notice of Hearing Date set for 8/18/2017 re #18 MOTION to Dismiss the Complaint or, Alternatively, to Transfer (Utermohlen, William) |
| Filing 19 Memorandum in Support re #18 MOTION to Dismiss the Complaint or, Alternatively, to Transfer filed by Liquid Fence Company, Spectrum Brands Holdings, Incorporated, United Industries Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B - REDACTED, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Utermohlen, William) |
| Filing 18 MOTION to Dismiss the Complaint or, Alternatively, to Transfer by Liquid Fence Company, Spectrum Brands Holdings, Incorporated, United Industries Corporation. (Utermohlen, William) |
| Filing 17 Financial Interest Disclosure Statement (Local Rule 7.1) by Liquid Fence Company, Spectrum Brands Holdings, Incorporated, United Industries Corporation. (Utermohlen, William) |
| Filing 16 MOTION to Withdraw as Attorney of Record by Liquid Fence Company, Spectrum Brands Holdings, Incorporated, United Industries Corporation. (Tuttle, Jonathan) |
| Filing 15 Motion to appear Pro Hac Vice by Jennifer Elizabeth Hoekel and Certification of Local Counsel William J. Utermohlen Filing fee $ 75, receipt number 0422-5629368. by Liquid Fence Company, Spectrum Brands Holdings, Incorporated, United Industries Corporation. (Utermohlen, William) |
| Filing 14 NOTICE of Appearance by William Jerome Utermohlen on behalf of Liquid Fence Company, Spectrum Brands Holdings, Incorporated, United Industries Corporation (Utermohlen, William) |
| Filing 13 NOTICE of Appearance by Peter Thomas Ewald on behalf of Liquid Fence Company, Spectrum Brands Holdings, Incorporated, United Industries Corporation (Ewald, Peter) |
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Filing 12
ORDER granting #11 Motion for Extension of Time to Answer Liquid Fence Company answer due 7/21/2017; Spectrum Brands Holdings, Incorporated answer due 7/21/2017; United Industries Corporation answer due 7/21/2017. Signed by Magistrate Judge Theresa Carroll Buchanan on 06/21/2017. (jlan)
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| Filing 11 MOTION for Extension of Time to File Answer re #1 Complaint by Liquid Fence Company, Spectrum Brands Holdings, Incorporated, United Industries Corporation. (Attachments: #1 Proposed Order)(Tuttle, Jonathan) |
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Filing 9
ORDER granting #6 Motion to appear Pro Hac Vice by Eric Holmes and Certification of Local Counsel Susan R. Podolsky. Signed by District Judge Anthony J Trenga on 05/30/2017. (jlan)
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Filing 8
ORDER granting #5 Motion to appear Pro Hac Vice by Melise Ruth Blakeslee and Certification of Local Counsel Susan R. Podolsky. Signed by District Judge Anthony J Trenga on 05/30/2017. (jlan)
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| Filing 10 SUMMONS Returned Executed Liquid Fence Company served on 5/31/2017, answer due 6/21/2017; Spectrum Brands Holdings, Incorporated served on 5/31/2017, answer due 6/21/2017; United Industries Corporation served on 5/31/2017, answer due 6/21/2017 (jlan) |
| Filing 7 Summons Issued as to Liquid Fence Company, Spectrum Brands Holdings, Incorporated, United Industries Corporation. NOTICE TO ATTORNEY: Print out two Electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: #1 Notice)(jlan) |
| Filing 6 Motion to appear Pro Hac Vice by Eric Holmes and Certification of Local Counsel Susan R. Podolsky Filing fee $ 75, receipt number 0422-5542685. by Kittrich Corporation. (Podolsky, Susan) |
| Filing 5 Motion to appear Pro Hac Vice by Melise Ruth Blakeslee and Certification of Local Counsel Susan R. Podolsky Filing fee $ 75, receipt number 0422-5542672. by Kittrich Corporation. (Podolsky, Susan) |
| Filing 4 Proposed Summons re #1 Complaint for Defendants United Industries Corporation, Liquid Fence Company, Spectrum Brands Holdlings, Inc. by Kittrich Corporation. (Podolsky, Susan) |
| Filing 3 Corporate Disclosure Statement by Kittrich Corporation. (Podolsky, Susan) |
| Filing 2 Report on the filing of an action regarding trademark(s) 3966816, 3729360, 3763653,2972176, 3268732. (acha, ) (Main Document 2 replaced on 5/25/2017) to correct document. (acha, ). Modified on 5/25/2017 (acha, ). |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0422-5540220.), filed by Kittrich Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet)(acha, ) |
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