Simonian v. Maybelline LLC

Filing 59

CASE TRANSFERRED IN from the United States District Court - District of Illinois Northern; Case Number: 1:10-cv-01615. Original file certified copy of transfer order and docket entries received. (sjo)

Simonian v. Maybelline LLC

Doc. 5

AO279, COLE, TERMED

United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 4.2 (Chicago) CIVIL DOCKET FOR CASE #: 1:10-cv-01615
Simonian v. Maybelline LLC Assigned to: Honorable Virginia M. Kendall Cause: 28:1338 Patent Infringement Date Filed: 03/11/2010 Date Terminated: 03/01/2011 Jury Demand: Plaintiff Nature of Suit: 830 Patent Jurisdiction: Federal Question represented by Joseph Michael Vanek Vanek, Vickers &Masini, P.C. 111 S. Wacker Drive #4050 Chicago, IL 60606 [phone] Email: [e-mail] LEAD ATTORNEY ATTORNEY TO BE NOTICED Jessica Elyse Rissman Law Offices of Eugene M. Cummings, P.C. 1 N. Wacker Suite 4130 Chicago, IL 60606 [phone] Email: [e-mail] ATTORNEY TO BE NOTICED John Paul Bjork Vanek Vickers &Masini 111 South Wacker Suite 4050 Chicago, IL 60606 [phone] Email: [e-mail] ATTORNEY TO BE NOTICED Martin Goering Eugene M. Cummings, P.C. One North Wacker Drive Suite 4130 Chicago, IL 60606 [phone] Email: [e-mail] ATTORNEY TO BE NOTICED

Plaintiff Thomas A. Simonian

V. Defendant Maybelline LLC represented by

Dockets.Justia.com

Francis DiGiovanni Connolly Bove Lodge &Hutz Llp The Nemours Building 1007 North Orange Street Wilmington, DE 19899 [phone] Email: [e-mail] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Dean A. Monco Wood, Phillips, Katz, Clark &Mortimer Northwestern Atrium Center 500 West Madison Street Suite 3800 Chicago, IL 60661-2511 [phone] Email: [e-mail] ATTORNEY TO BE NOTICED Geoffrey A. Zelley Connolly Bove Lodge &Hutz Llp The Nemours Building 1007 North Orange Street Wilmington, DE 19801 [phone] Email: [e-mail] PRO HAC VICE ATTORNEY TO BE NOTICED Jeffrey Mark Drake Wood Phillips 500 W. Madison Suite 3800 Chicago, IL 60661 [phone] Fax: [phone] Email: [e-mail] ATTORNEY TO BE NOTICED

Date Filed 03/11/2010

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Docket Text COMPLAINT for False Patent Marking filed by Thomas A. Simonian; Jury Demand. Filing fee $ 350, receipt number 0752-4608147. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Vanek, Joseph) (Entered: 03/11/2010) CIVIL Cover Sheet (Vanek, Joseph) (Entered: 03/11/2010) ATTORNEY Appearance for Plaintiff Thomas A. Simonian by Joseph Michael Vanek (Vanek, Joseph) (Entered: 03/11/2010) CASE ASSIGNED to the Honorable Virginia M. Kendall. Designated as Magistrate Judge the Honorable Jeffrey Cole. (daj, ) (Entered: 03/11/2010)

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ATTORNEY Appearance for Plaintiff Thomas A. Simonian by Martin Goering (Goering, Martin) (Entered: 03/12/2010) ATTORNEY Appearance for Plaintiff Thomas A. Simonian by Jessica Elyse Rissman (Rissman, Jessica) (Entered: 03/12/2010) Local Rule 3.4 Notice by Thomas A. Simonian (Vanek, Joseph) (Entered: 03/15/2010) WAIVER OF SERVICE returned executed by Thomas A. Simonian. Maybelline LLC waiver sent on 3/15/2010, answer due 5/14/2010. (Vanek, Joseph) (Entered: 03/24/2010) MINUTE entry before Honorable Virginia M. Kendall:Initial Status hearing set for 5/10/2010 at 09:00 AM. Joint Status Report due by 5/4/2010. (See Judge Kendall's web page found at www.ilnd.uscourts.gov for information about status reports). The parties are to report on the following: (1) Possibility of settlement in the case; (2) If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial. Plaintiff is to advise all other parties of the Court's action herein. Lead counsel is directed to appear at this status hearing. Mailed notice (jms, ) (Entered: 03/24/2010) ATTORNEY Appearance for Defendant Maybelline LLC by Jeffrey Mark Drake (Drake, Jeffrey) (Entered: 04/13/2010) NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Maybelline LLC (Drake, Jeffrey) (Entered: 04/13/2010) MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-4707630. (Digiovanni, Francis) (Entered: 04/13/2010) MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-4707644. (Zelley, Geoffrey) (Entered: 04/13/2010) ATTORNEY Appearance for Defendant Maybelline LLC by Dean A. Monco (Monco, Dean) (Entered: 04/13/2010) MINUTE entry before Honorable Virginia M. Kendall:Motions by Francis DiGiovanni and Geoffrey Zelley to appear pro hac vice [12, 13] are granted. Mailed notice (jms, ) (Entered: 04/14/2010) ATTORNEY Appearance for Plaintiff Thomas A. Simonian by John Paul Bjork (Bjork, John) (Entered: 04/14/2010) ATTORNEY Appearance for Defendant Maybelline LLC by Francis Digiovanni (Digiovanni, Francis) (Entered: 04/14/2010) ATTORNEY Appearance for Defendant Maybelline LLC by Geoffrey A. Zelley (Zelley, Geoffrey) (Entered: 04/14/2010) MOTION by Defendant Maybelline LLC to dismiss Complaint (Drake, Jeffrey) (Entered: 04/30/2010) MEMORANDUM by Maybelline LLC in support of motion to dismiss 19 (Attachments: # 1 Exhibit A, # 2 Exhibit B-D, # 3 Exhibit E-H)(Drake, Jeffrey) (Entered: 04/30/2010) NOTICE of Motion by Jeffrey Mark Drake for presentment of motion to dismiss 19 before Honorable Virginia M. Kendall on 5/10/2010 at 09:00 AM. (Drake, Jeffrey) (Entered: 04/30/2010) MOTION by Defendant Maybelline LLC to stay PENDING THE APPELLATE DECISION IN DISPOSITIVE CASES (Drake, Jeffrey) (Entered: 04/30/2010)

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MEMORANDUM by Maybelline LLC in support of motion to stay 22 (Attachments: # 1 Exhibit A, # 2 Exhibit B-F, # 3 Exhibit G-K, # 4 Exhibit L-O)(Drake, Jeffrey) (Entered: 04/30/2010) NOTICE of Motion by Jeffrey Mark Drake for presentment of motion to stay 22 before Honorable Virginia M. Kendall on 5/10/2010 at 09:00 AM. (Drake, Jeffrey) (Entered: 04/30/2010) MOTION by Defendant Maybelline LLC to transfer case to the Southern District of New York (Drake, Jeffrey) (Entered: 04/30/2010) MEMORANDUM by Maybelline LLC in support of motion to transfer case 25 (Attachments: # 1 Exhibit A-C, # 2 Exhibit D, # 3 Exhibit E-J)(Drake, Jeffrey) (Entered: 04/30/2010) NOTICE of Motion by Jeffrey Mark Drake for presentment of motion to transfer case 25 before Honorable Virginia M. Kendall on 5/10/2010 at 09:00 AM. (Drake, Jeffrey) (Entered: 04/30/2010) Joint Initial Status Report by Maybelline LLC, Thomas A. Simonian (Vanek, Joseph) (Entered: 05/04/2010) MINUTE entry before Honorable Virginia M. Kendall:Briefing as to motion to transfer case 25 , motion to stay 22 , motion to dismiss 19 is set as follows: Response due by 6/7/2010. Reply due by 6/21/2010. Ruling by mail. Status set for 5/10/2010 is stricken.Mailed notice (tlp, ) (Entered: 05/07/2010) RESPONSE by Thomas A. Simonianin Opposition to MOTION by Defendant Maybelline LLC to dismiss Complaint 19 (Attachments: # 1 Exhibit A-C, # 2 Exhibit D-E, # 3 Group. Ex. 1)(Vanek, Joseph) (Entered: 06/07/2010) RESPONSE by Thomas A. Simonianin Opposition to MOTION by Defendant Maybelline LLC to transfer case to the Southern District of New York 25 (Attachments: # 1 Exhibit A-D, # 2 Exhibit E-G, # 3 Group Ex. 1)(Vanek, Joseph) (Entered: 06/07/2010) RESPONSE by Thomas A. Simonianin Opposition to MOTION by Defendant Maybelline LLC to stay PENDING THE APPELLATE DECISION IN DISPOSITIVE CASES 22 (Attachments: # 1 Exhibit A-B, # 2 Exhibit C-D, # 3 Group Ex. 1)(Vanek, Joseph) (Entered: 06/07/2010) NOTICE by Thomas A. Simonian of Supplemental Authority (Attachments: # 1 Exhibit A)(Bjork, John) (Entered: 06/16/2010) REPLY by Defendant Maybelline LLC to response in opposition to motion 32 to stay (Attachments: # 1 Exhibit A-K, # 2 Exhibit L-S)(Drake, Jeffrey) (Entered: 06/21/2010) REPLY by Defendant Maybelline LLC to response in opposition to motion 30 to dismiss (Attachments: # 1 Exhibit A)(Drake, Jeffrey) (Entered: 06/21/2010) REPLY by Defendant Maybelline LLC to response in opposition to motion 31 to transfer (Attachments: # 1 Exhibit A-B)(Drake, Jeffrey) (Entered: 06/21/2010) NOTICE by Maybelline LLC re MOTION by Defendant Maybelline LLC to dismiss Complaint 19 of Supplemental Authority (Attachments: # 1 Exhibit A)(Drake, Jeffrey) (Entered: 07/08/2010) NOTICE by Thomas A. Simonian of Supplemental Authority (Attachments: # 1 Exhibit A)(Bjork, John) (Entered: 07/09/2010) NOTICE by Maybelline LLC of Recent Related Decision (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Drake, Jeffrey) (Entered: 07/20/2010)

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NOTICE by Maybelline LLC of Additional Recent Related Decisions (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Drake, Jeffrey) (Entered: 08/09/2010) 08/13/2010 08/24/2010 08/30/2010 08/30/2010 09/20/2010 09/21/2010 10/01/2010 10/04/2010 10/21/2010 11/04/2010 11/05/2010 Ï 41 Ï 42 Ï 43 Ï 44 Ï 45 Ï 46 Ï 47 Ï 48 Ï 49 Ï 50 Ï 51 NOTICE by Thomas A. Simonian of Supplemental Authority (Attachments: # 1 Exhibit A)(Goering, Martin) (Entered: 08/13/2010) NOTICE by Thomas A. Simonian of Supplemental Authority (Attachments: # 1 Exhibit A)(Bjork, John) (Entered: 08/24/2010) NOTICE by Maybelline LLC of Supplemental Authority (Attachments: # 1 Exhibit A)(Drake, Jeffrey) (Entered: 08/30/2010) NOTICE by Thomas A. Simonian of Supplemental Authority (Goering, Martin) (Entered: 08/30/2010) NOTICE by Thomas A. Simonian of Supplemental Authority (Attachments: # 1 Exhibit A)(Bjork, John) (Entered: 09/20/2010) NOTICE by Maybelline LLC of Supplemental Authority (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Drake, Jeffrey) (Entered: 09/21/2010) NOTICE by Maybelline LLC of Supplemental Authority (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Drake, Jeffrey) (Entered: 10/01/2010) NOTICE by Thomas A. Simonian of Supplemental Authority (Bjork, John) (Entered: 10/04/2010) NOTICE by Maybelline LLC of Supplemental Authority (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Drake, Jeffrey) (Entered: 10/21/2010) NOTICE by Thomas A. Simonian of Supplemental Authority (Bjork, John) (Entered: 11/04/2010) NOTICE by Maybelline LLC of Supplemental Authority (Attachments: # 1 Exhibit A, # 2 Exhibit B Part 1, # 3 Exhibit B Part 2, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J)(Drake, Jeffrey) (Entered: 11/05/2010) NOTICE by Thomas A. Simonian of Supplemental Authority (Attachments: # 1 Exhibit A - C)(Goering, Martin) (Entered: 11/10/2010) NOTICE by Maybelline LLC of Supplemental Authority (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Drake, Jeffrey) (Entered: 11/18/2010) NOTICE by Thomas A. Simonian of Supplemental Authority (Attachments: # 1 Exhibit A-C)(Bjork, John) (Entered: 02/15/2011) NOTICE by Maybelline LLC of Supplemental Authority (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Drake, Jeffrey) (Entered: 02/28/2011) MINUTE entry before Honorable Virginia M. Kendall:Enter MEMORANDUM, OPINION AND ORDER: For these reasons, the Court denies Maybellines Motion to Dismiss, denies as moot Maybellines Motion to Stay, and grants Maybellines Motion to Transfer to the Southern District of New York. Civil case terminated. Mailed notice (tsa, ) (Entered: 03/01/2011) MEMORANDUM Opinion and Order Signed by the Honorable Virginia M. Kendall on 3/1/2011.(tsa, ) (Entered: 03/01/2011) MAILED Patent Report with Minute Order and Memorandum opinion and order dated 3/11/11 to the Commissioner of Patents and Trademarks Office, Alexandria, VA 23313 to Commissioner of Patents and Trademarks. (smm) (Entered: 03/16/2011)

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TRANSFERRED to the Southern District of New York the electronic record. Mailed to all counsel of record. (smm) (Entered: 03/18/2011)