Bashlin Industries Inc

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TypeOperating Company
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Entered
Case
Description
12/01/22
ORDER that, in light of 79 Stipulation of Dismissal, this case is hereby dismissed with prejudice. Signed by Judge Christy Criswell Wiegand on 12/1/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm) (Entered: 12/01/2022)
12/01/22
STIPULATION of Dismissal by BUCKINGHAM MANUFACTURING CO., INC. (Copeland, Jessica) (Entered: 12/01/2022)
11/18/22
ORDER re 77 Joint Status Report by BUCKINGHAM MANUFACTURING CO., INC. IT IS HEREBY ORDERED THAT the parties shall file a stipulation of dismissal or joint status report regarding settlement on or before 12/1/2022. Signed by Judge Christy Criswell Wiegand on 11/18/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm) (Entered: 11/18/2022)
11/17/22
STATUS REPORT (JOINT) by BUCKINGHAM MANUFACTURING CO., INC. (Copeland, Jessica) (Entered: 11/17/2022)
10/17/22
ORDER FOR ADMINISTRATIVE CLOSING: In light of 75 Report of Mediation advising the Court that the case has been resolved, Clerk is to mark this CASE CLOSED, pending the parties filing a stipulation of dismissal. The parties shall file a stipulation of dismissal or joint status report regarding settlement on or before 11/17/2022. IT IS FURTHER ORDERED that all hearings and deadlines in this case, are cancelled. IT IS FURTHER ORDERED that the Court expressly retains jurisdiction in this matter to consider any issue arising during the period when settlement is being finalized, including, but not limited to, enforcing settlement. Signed by Judge Christy Criswell Wiegand on 10/17/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm) (Entered: 10/17/2022)
10/14/22
REPORT of Mediation: Case has been resolved. David B. White, Mediator The parties are reminded of their obligation to complete the ADR questionnaire and submit within 5 days of the conclusion of the ADR process. The questionnaire can be accessed here or at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 10/11/2022. (White, David) (Entered: 10/14/2022)
10/07/22
ORDER re 70 Motion to Amend Defendant's Proposed Claim Constructions, Joint Disputed Claim Terms Chart and Prehearing Statement filed by Defendant BASHLIN INDUSTRIES, INC. By its Motion, Defendant claims to "rescind[] its agreement to the construction of 'extending along,'" and requests corresponding amendments to its Proposed Claim Constructions and the parties joint Prehearing Statement, ECF No. 28, and joint Disputed Claim Terms Chart, id. Defendant previously consented to the construction of "extending along," id. at 2, which was incorporated into the Special Master's 47 Report and Recommendation concerning claim construction, and this Court's 62 Order adopting the Special Master's Report and Recommendation. Defendant, accordingly, may not unilaterally "rescind[]" its prior agreement to the construction of "extending along." The Court will construe Defendant's Motion as one to amend the Court's 21 Case Management Order, which set a deadline of 2/28/22 for "identify[ing]... claim terms and phrases that are not in dispute." Accordingly, the Motion is subject to Federal Rule of Civil Procedure 16(b)(4), which provides that "[a] schedule may be modified only for good cause and with the judge's consent." See Roxane Lab'ys, Inc. v. Abbott Lab'ys, No. 2:12-CV-312, 2013 WL 1324317, at *2 (S.D. Ohio Mar. 28, 2013); Connective Tissue Imagineering, LLC v. Mitts, No. C 07-00058 WHA, 2007 WL 2348741, at *2 (N.D. Cal. Aug. 14, 2007). Defendant has made no such showing. It argues only that it should be allowed to rescind its prior agreement to the construction "[i]n light of Plaintiff's amendment to its Disclosure of Infringement Contentions," which Defendant concedes was made in accordance with L.P.R. 3.8(a) and to which Defendant has responded with amended non-infringement contentions of its own. ECF No. 70 at 2. Defendant has not explained what about Plaintiff's amendment provides "good cause" under Rule 16(b)(4), and, accordingly, it is hereby ORDERED that the Motion is DENIED. Signed by Judge Christy Criswell Wiegand on 10/7/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm) (Entered: 10/07/2022)
10/06/22
RESPONSE IN OPPOSITION to 70 Motion to Amend, 72 Supplement, filed by BUCKINGHAM MANUFACTURING CO., INC. (Attachments: # 1 Affidavit Declaration of Bradley A. Hoppe, Esq. Submitted in Opposition to Defendant's Motion to Amend, # 2 Exhibit A - Plaintiffs Proposed Claim Terms and Phrases for Construction, # 3 Exhibit B - Defendants Proposed Claim Terms and Phrases Pursuant to LPR 4.1(a), # 4 Exhibit C - Plaintiff's Preliminary Proposed Constructions of the Parties Proposed Claim Terms and Phrases for Construction, # 5 Exhibit D - Defendant's Preliminary Proposed Claim Constructions Pursuant to LPR 4.1(b), # 6 Exhibit E - Plaintiff's Disclosure of Amended Infringement Contentions Pursuant to LPR 3.8(a), # 7 Certificate of Service) (Hoppe, Bradley) (Entered: 10/06/2022)
10/03/22
SUPPLEMENT by BASHLIN INDUSTRIES, INC. to 70 Motion to Amend. (Friedman, Barry) (Entered: 10/03/2022)
10/03/22
ORDER re 70 Motion to Amend Defendant's Proposed Claim Constructions, Joint Disputed Terms Chart and Prehearing Statement by BASHLIN INDUSTRIES, INC. IT IS HEREBY ORDERED THAT Defendant shall obtain and provide Plaintiff's position regarding the Motion to the Court via supplemental filing, on or before close of business 10/4/2022. If Plaintiff opposes the motion, Plaintiff shall then file a response in opposition on or before 10/6/2022. Signed by Judge Christy Criswell Wiegand on 10/3/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm) (Entered: 10/03/2022)