Swirlate IP LLC v. Badger Meter Inc
Plaintiff: Swirlate IP LLC
Defendant: Badger Meter Inc
Case Number: 2:2020cv01314
Filed: August 26, 2020
Court: US District Court for the Eastern District of Wisconsin
Presiding Judge: J P Stadtmueller
Nature of Suit: Patent
Cause of Action: 35 U.S.C. ยง 271
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 7, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 7, 2020 Filing 41 NOTICE of Appearance by K Scott Wagner on behalf of All Plaintiffs. Attorney(s) appearing: K. Scott Wagner and Shauna D. Manion (Wagner, K)
September 16, 2020 Filing 40 DISCLOSURE Statement by All Defendants. (Griggs, Michael)
September 16, 2020 Filing 39 Magistrate Judge Jurisdiction Form filed by Badger Meter Inc. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Griggs, Michael)
September 15, 2020 Filing 38 Magistrate Judge Jurisdiction Form filed by Swirlate IP LLC. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Bennett, David)
September 15, 2020 Filing 37 DISCLOSURE Statement by Swirlate IP LLC. (Bennett, David)
August 27, 2020 Filing 36 NOTICE MOTION to Withdraw as Attorney by Badger Meter Inc. (Reed, William) Modified on 8/31/2020 (asc).
August 26, 2020 Filing 35 LETTER to David Bennett regarding ECF registration and Admission (sent via USPS) (jcl)
August 26, 2020 Filing 34 Case transferred in from District of Colorado; Case Number 1:20-cv-01165. Original file certified copy of transfer order and docket sheet received.
August 26, 2020 NOTICE Regarding assignment of this matter to Judge J P Stadtmueller ;Consent/refusal forms for Magistrate Judge Dries to be filed within 21 days;the consent/refusal form is available on our website ;pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed (jcl)
August 25, 2020 Opinion or Order Filing 33 ORDER. The court GRANTS Badger Meter's motion to transfer. Doc. #17 . The court DENIES AS MOOT Badger Meter's motion to stay. Doc. #20 . This case shall be TRANSFERRED to the United States District Court for the Eastern District of Wisconsin. By Judge Daniel D. Domenico on 08/25/2020. (athom, ) [Transferred from cod on 8/26/2020.]
August 18, 2020 Filing 32 DECLARATION of Michael T. Griggs regarding Reply to Response to Motion #31 by Defendant Badger Meter, Inc.. (Attachments: #1 Exhibit A - Badger Meter Website)(Griggs, Michael) [Transferred from cod on 8/26/2020.]
August 18, 2020 Filing 31 REPLY to Response to #17 MOTION to Transfer Case filed by Defendant Badger Meter, Inc.. (Griggs, Michael) [Transferred from cod on 8/26/2020.]
August 5, 2020 Filing 30 REPLY to Response to #20 MOTION to Stay filed by Defendant Badger Meter, Inc.. (Reed, William) [Transferred from cod on 8/26/2020.]
August 4, 2020 Filing 29 BRIEF in Opposition to #17 MOTION to Transfer Case filed by Plaintiff Swirlate IP LLC. (Attachments: #1 Affidavit Declaration of David R. Bennett, #2 Exhibit 1 - Badger Meter's Interrogatory Responses re Transfer, #3 Exhibit 2 - Flight Search Results DFW to DEN, #4 Exhibit 3 - Flight Search Results DFW to MKE, #5 Exhibit 4 - Flight Search Results IAH to DEN, #6 Exhibit 5 - Flight Search Results IAH to MKE)(Bennett, David) [Transferred from cod on 8/26/2020.]
July 22, 2020 Opinion or Order Filing 28 ORDER granting #27 Motion for Extension of Time to File Response. Plaintiff may file its response no later than 7/22/2020. SO ORDERED by Judge Daniel D. Domenico on 7/22/2020. Text Only Entry (dddlc2, ) [Transferred from cod on 8/26/2020.]
July 22, 2020 Filing 27 Unopposed MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Stay by Plaintiff Swirlate IP LLC. (Bennett, David) [Transferred from cod on 8/26/2020.]
July 22, 2020 Filing 26 BRIEF in Opposition to #20 MOTION to Stay filed by Plaintiff Swirlate IP LLC. (Bennett, David) [Transferred from cod on 8/26/2020.]
July 20, 2020 Filing 25 Swirlate IP LLC's ANSWER/REPLY to #21 Answer to Complaint, Counterclaim by Swirlate IP LLC.(Bennett, David) [Transferred from cod on 8/26/2020.]
July 6, 2020 Opinion or Order Filing 24 ORDER granting #23 Motion for Extension of Time to File Response. Plaintiff may file its response no later than August 4, 2020. SO ORDERED by Judge Daniel D. Domenico on 7/6/2020. Text Only Entry (dddlc2, ) [Transferred from cod on 8/26/2020.]
July 6, 2020 Filing 23 Unopposed MOTION for Extension of Time to File Response/Reply as to #17 MOTION to Transfer Case by Plaintiff Swirlate IP LLC. (Bennett, David) [Transferred from cod on 8/26/2020.]
July 6, 2020 Opinion or Order Filing 22 MINUTE ORDER Vacating Scheduling Conference: In light of the Motion to Transfer [#17 ] and the Motion to Stay [#20 ], the Court finds its necessary to VACATE the Scheduling Conference. Accordingly, IT IS ORDERED that the Scheduling Conference and all associated deadlines are VACATED. IT IS FURTHER ORDERED that the parties shall jointly call Chambers (303.335.2124) within 7 days of the first order denying either the Motion to Transfer [#17 ] or the Motion to Stay [#20 ]. SO ORDERED by Magistrate Judge S. Kato Crews on 7/6/2020. Text Only Entry (skclc) [Transferred from cod on 8/26/2020.]
June 30, 2020 Filing 21 ANSWER to #1 Complaint, , COUNTERCLAIM against Swirlate IP LLC by Badger Meter, Inc..(Griggs, Michael) [Transferred from cod on 8/26/2020.]
June 30, 2020 Filing 20 MOTION to Stay by Defendant Badger Meter, Inc.. (Griggs, Michael) [Transferred from cod on 8/26/2020.]
June 30, 2020 Filing 19 DECLARATION of David Miller regarding MOTION to Transfer Case #17 by Defendant Badger Meter, Inc.. (Griggs, Michael) [Transferred from cod on 8/26/2020.]
June 30, 2020 Filing 18 DECLARATION of Michael T. Griggs regarding MOTION to Transfer Case #17 by Defendant Badger Meter, Inc.. (Attachments: #1 Exhibit A - National Judicial Caseload Profile)(Griggs, Michael) [Transferred from cod on 8/26/2020.]
June 30, 2020 Filing 17 MOTION to Transfer Case by Defendant Badger Meter, Inc.. (Griggs, Michael) [Transferred from cod on 8/26/2020.]
June 18, 2020 Opinion or Order Filing 16 ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Daniel D. Domenico on 6/18/2020. Text Only Entry (dddlc2, ) [Transferred from cod on 8/26/2020.]
June 18, 2020 Filing 15 CASE REASSIGNED pursuant to #11 Consent/Non-Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Daniel D. Domenico. All future pleadings should be designated as 20-cv-01165-DDD. (Text Only Entry) (jgonz, ) [Transferred from cod on 8/26/2020.]
June 17, 2020 Opinion or Order Filing 14 ORDER GRANTING #12 Motion to Continue. For good cause shown, the Motion is GRANTED. Accordingly, IT IS ORDERED that the Rule 16(b) Scheduling Conference is RESET for a Telephonic Scheduling Conference set for 7/20/2020 at 10:00 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. The Proposed Scheduling Order is due 7/13/2020 by ECF filing and in word format to Crews_Chambers@cod.uscourts.gov. Dial in information for the Scheduling Conference is as follows:CONFERENCE CALL LINE: (888) 251-2909ACCESS CODE: 5662814# SO ORDERED by Magistrate Judge S. Kato Crews on 6/17/2020. Text Only Entry (skclc2) [Transferred from cod on 8/26/2020.]
June 17, 2020 Filing 13 NOTICE of Entry of Appearance by Michael Thomas Griggs on behalf of All Defendants Attorney Michael Thomas Griggs added to party Badger Meter, Inc.(pty:dft) (Griggs, Michael) [Transferred from cod on 8/26/2020.]
June 17, 2020 Filing 12 Unopposed MOTION to Continue the Scheduling Conference by Plaintiff Swirlate IP LLC. (Bennett, David) [Transferred from cod on 8/26/2020.]
June 17, 2020 Filing 11 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Swirlate IP LLC All parties do not consent.. (Bennett, David) [Transferred from cod on 8/26/2020.]
June 9, 2020 Opinion or Order Filing 10 ORDER GRANTING #9 Unopposed Motion for Extension of Time to Answer or Otherwise Respond. The Court notes that the Motion for Extension of Time was filed after the deadline for which Defendant seeks an extension. Therefore, Defendant must show excusable neglect for failing to request an extension prior to its 5/20/2020 answer deadline. The Motion lacks any attempt to show excusable neglect. The fact that Plaintiff does not oppose the relief does not satisfy Defendant's burden in this regard; however, it does suggest that Plaintiff does not intend to seek default judgment. With this in mind, and taking into consideration Rule 1 of the Federal Rules of Civil Procedure, the Court GRANTS the Motion. IT IS ORDERED that Defendant shall have until 6/30/2020 to file its answer or otherwise responsive pleading. SO ORDERED by Magistrate Judge S. Kato Crews on 6/9/2020. Text Only Entry (skclc2) [Transferred from cod on 8/26/2020.]
June 9, 2020 Filing 9 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant Badger Meter, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Reed, William) [Transferred from cod on 8/26/2020.]
June 5, 2020 Filing 8 NOTICE of Entry of Appearance by Joseph John Bronesky on behalf of Badger Meter, Inc.Attorney Joseph John Bronesky added to party Badger Meter, Inc.(pty:dft) (Bronesky, Joseph) [Transferred from cod on 8/26/2020.]
June 5, 2020 Filing 7 NOTICE of Entry of Appearance by William R. Reed on behalf of Badger Meter, Inc.Attorney William R. Reed added to party Badger Meter, Inc.(pty:dft) (Reed, William) [Transferred from cod on 8/26/2020.]
May 18, 2020 Opinion or Order Filing 6 ORDER Setting Rule 16(b) Scheduling Conference. The Scheduling Conference is set for 7/14/2020 at 10:30 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order, and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, on or before 7/7/2020. The Magistrate Judge Consent Form (ECF. #[4-1]) is due 7/7/2020. SO ORDERED by Magistrate Judge S. Kato Crews on 5/18/2020. Text Only Entry (skclc2) [Transferred from cod on 8/26/2020.]
April 30, 2020 Filing 5 SUMMONS Returned Executed by Swirlate IP LLC. Badger Meter, Inc. served on 4/29/2020, answer due 5/20/2020. (Bennett, David) [Transferred from cod on 8/26/2020.]
April 24, 2020 Filing 4 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (cmadr, ) [Transferred from cod on 8/26/2020.]
April 24, 2020 Filing 3 Case assigned to Magistrate Judge S. Kato Crews. Text Only Entry. (cmadr, ) [Transferred from cod on 8/26/2020.]
April 24, 2020 Filing 2 Report re Patent/Trademark: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (cmadr, ) Modified to correct filing date on 4/27/2020 (cmadr, ). [Transferred from cod on 8/26/2020.]
April 24, 2020 Filing 1 COMPLAINT for Patent Infringement against Badger Meter, Inc. (Filing fee $ 400,Receipt Number 1082-7267359)Attorney David R. Bennett added to party Swirlate IP LLC(pty:pla), filed by Swirlate IP LLC. (Attachments: #1 Exhibit A - U.S. Patent No. 7,154,961, #2 Exhibit B - U.S. Patent No. 7,567,622, #3 Exhibit C - Resp to Office Action Appl. No. 11/633,421 (U.S. Patent No. 7,567,622), #4 Civil Cover Sheet, #5 Summons)(Bennett, David) [Transferred from cod on 8/26/2020.]

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Defendant: Badger Meter Inc
Represented By: William R Reed
Represented By: Michael T Griggs
Represented By: Joseph John Bronesky
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Plaintiff: Swirlate IP LLC
Represented By: David R Bennett
Represented By: Shauna D Manion
Represented By: K Scott Wagner
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