Summer Infant Inc

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CourtsE.D. Texas D. Rhode Island D. Colorado

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Entered	Case	Description
05/05/23	Summer Infant USA Inc v. TOMY Intl Inc 1:17-CV-00549 ( D. RI )	TEXT ORDER: Magistrate Judge Patricia Sullivan issued a Report & Recommendation (R&R) on April 3, 2023, recommending that resolution of Summer Infant (USA), Inc.s (Summer Infant) Motion for Fees under 35 U.S.C. § 285 (ECF No. 143 ) be stayed pending TOMY International Inc.s (TOMY) appeal (ECF No. 144 ) and that the Clerk tax the costs of the litigation pursuant to Fed. R. Civ. P. 54(d) and D.R.I LR Cv. 54(c). The Magistrate Judge further recommended that TOMY should thereafter post a bond in that amount pursuant to D.R.I. LR Cv. 62 and that all further proceedings be stayed. No objection has been filed to the R&R. As this review involves a post-judgment matter, the magistrate judges authority is defined by 28 U.S.C. 636(b)(3) and may require a de novo review of the record by the Court. See, R&R (ECF No. 149 ) at 2, n.1; MLSF LLC v. Beinhocker, C.A. No. 10-1087-DPW, 2019 WL 4919524, 1 n.2 (D. Mass. June 10, 2019). The Court has independently reviewed the submissions of the parties and agrees with the Magistrate Judges assessment of the burden of deciding fees now weighed against the judicial efficiency achieved by awaiting the outcome of the appeal. The Court therefore adopts the recommendations put forth in the R&R. TOMYs Motion to Stay the Motion for Fees (ECF No. 146 ) is GRANTED. The Motion for Fees (ECF No. 143 ) is stayed pending resolution of TOMYs appeal. The Clerk shall tax the costs and TOMY shall comply with D.R.I. LR Cv. 62 by posting a bond in an amount sufficient to cover any such taxed costs. Once the bond is posted, all further proceedings shall be STAYED. So Ordered by District Judge Mary S. McElroy on 5/5/2023. (Potter, Carrie) (Entered: 05/05/2023) TEXT ORDER: Magistrate Judge Patricia Sullivan issued a Report & Recommendation (R&R) on April 3, 2023, recommending that resolution of Summer Infant (USA), Inc.s (Summer Infant) Motion for Fees under 35 U.S.C. § 285 (ECF No. 143 ) be stayed pending TOMY International Inc.s (TOMY) appeal (ECF No. 144 ) and that the Clerk tax the costs of the litigation pursuant to Fed. R. Civ. P. 54(d) and D.R.I LR Cv. 54(c). The Magistrate Judge further recommended that TOMY should thereafter post a bond in that amount pursuant to D.R.I. LR Cv. 62 and that all further proceedings be stayed. No objection has been filed to the R&R. As this review involves a post-judgment matter, the magistrate judges authority is defined by 28 U.S.C. 636(b)(3) and may require a de novo review of the record by the Court. See, R&R (ECF No. 149 ) at 2, n.1; MLSF LLC v. Beinhocker, C.A. No. 10-1087-DPW, 2019 WL 4919524, 1 n.2 (D. Mass. June 10, 2019). The Court has independently reviewed the submissions of the parties and agrees with the Magistrate Judges assessment of the burden of deciding fees now weighed against the judicial efficiency achieved by awaiting the outcome of the appeal. The Court therefore adopts the recommendations put forth in the R&R. TOMYs Motion to Stay the Motion for Fees (ECF No. 146 ) is GRANTED. The Motion for Fees (ECF No. 143 ) is stayed pending resolution of TOMYs appeal. The Clerk shall tax the costs and TOMY shall comply with D.R.I. LR Cv. 62 by posting a bond in an amount sufficient to cover any such taxed costs. Once the bond is posted, all further proceedings shall be STAYED. So Ordered by District Judge Mary S. McElroy on 5/5/2023. (Potter, Carrie) (Entered: 05/05/2023)
05/05/23	Summer Infant USA Inc v. TOMY Intl Inc 1:17-CV-00549 ( D. RI )	TEXT ORDER: Magistrate Judge Patricia Sullivan issued a Report & Recommendation (R&R) on April 3, 2023, recommending that resolution of Summer Infant (USA), Inc.s (Summer Infant) Motion for Fees under 35 U.S.C. Â§ 285 (ECF No. 143 ) be stayed pending TOMY International Inc.s (TOMY) appeal (ECF No. 144 ) and that the Clerk tax the costs of the litigation pursuant to Fed. R. Civ. P. 54(d) and D.R.I LR Cv. 54(c). The Magistrate Judge further recommended that TOMY should thereafter post a bond in that amount pursuant to D.R.I. LR Cv. 62 and that all further proceedings be stayed. No objection has been filed to the R&R. As this review involves a post-judgment matter, the magistrate judges authority is defined by 28 U.S.C. 636(b)(3) and may require a de novo review of the record by the Court. See, R&R (ECF No. 149 ) at 2, n.1; MLSF LLC v. Beinhocker, C.A. No. 10-1087-DPW, 2019 WL 4919524, 1 n.2 (D. Mass. June 10, 2019). The Court has independently reviewed the submissions of the parties and agrees with the Magistrate Judges assessment of the burden of deciding fees now weighed against the judicial efficiency achieved by awaiting the outcome of the appeal. The Court therefore adopts the recommendations put forth in the R&R. TOMYs Motion to Stay the Motion for Fees (ECF No. 146 ) is GRANTED. The Motion for Fees (ECF No. 143 ) is stayed pending resolution of TOMYs appeal. The Clerk shall tax the costs and TOMY shall comply with D.R.I. LR Cv. 62 by posting a bond in an amount sufficient to cover any such taxed costs. Once the bond is posted, all further proceedings shall be STAYED. So Ordered by District Judge Mary S. McElroy on 5/5/2023. (Potter, Carrie) (Entered: 05/05/2023) TEXT ORDER: Magistrate Judge Patricia Sullivan issued a Report & Recommendation (R&R) on April 3, 2023, recommending that resolution of Summer Infant (USA), Inc.s (Summer Infant) Motion for Fees under 35 U.S.C. Â§ 285 (ECF No. 143 ) be stayed pending TOMY International Inc.s (TOMY) appeal (ECF No. 144 ) and that the Clerk tax the costs of the litigation pursuant to Fed. R. Civ. P. 54(d) and D.R.I LR Cv. 54(c). The Magistrate Judge further recommended that TOMY should thereafter post a bond in that amount pursuant to D.R.I. LR Cv. 62 and that all further proceedings be stayed. No objection has been filed to the R&R. As this review involves a post-judgment matter, the magistrate judges authority is defined by 28 U.S.C. 636(b)(3) and may require a de novo review of the record by the Court. See, R&R (ECF No. 149 ) at 2, n.1; MLSF LLC v. Beinhocker, C.A. No. 10-1087-DPW, 2019 WL 4919524, 1 n.2 (D. Mass. June 10, 2019). The Court has independently reviewed the submissions of the parties and agrees with the Magistrate Judges assessment of the burden of deciding fees now weighed against the judicial efficiency achieved by awaiting the outcome of the appeal. The Court therefore adopts the recommendations put forth in the R&R. TOMYs Motion to Stay the Motion for Fees (ECF No. 146 ) is GRANTED. The Motion for Fees (ECF No. 143 ) is stayed pending resolution of TOMYs appeal. The Clerk shall tax the costs and TOMY shall comply with D.R.I. LR Cv. 62 by posting a bond in an amount sufficient to cover any such taxed costs. Once the bond is posted, all further proceedings shall be STAYED. So Ordered by District Judge Mary S. McElroy on 5/5/2023. (Potter, Carrie) (Entered: 05/05/2023)
05/05/23	Summer Infant USA Inc v. TOMY Intl Inc 1:17-CV-00549 ( D. RI )	TEXT ORDER: Magistrate Judge Patricia Sullivan issued a Report & Recommendation (R&R) on April 3, 2023, recommending that resolution of Summer Infant (USA), Inc.s (Summer Infant) Motion for Fees under 35 U.S.C. § 285 (ECF No. 143 ) be stayed pending TOMY International Inc.s (TOMY) appeal (ECF No. 144 ) and that the Clerk tax the costs of the litigation pursuant to Fed. R. Civ. P. 54(d) and D.R.I LR Cv. 54(c). The Magistrate Judge further recommended that TOMY should thereafter post a bond in that amount pursuant to D.R.I. LR Cv. 62 and that all further proceedings be stayed. No objection has been filed to the R&R. As this review involves a post-judgment matter, the magistrate judges authority is defined by 28 U.S.C. 636(b)(3) and may require a de novo review of the record by the Court. See, R&R (ECF No. 149 ) at 2, n.1; MLSF LLC v. Beinhocker, C.A. No. 10-1087-DPW, 2019 WL 4919524, 1 n.2 (D. Mass. June 10, 2019). The Court has independently reviewed the submissions of the parties and agrees with the Magistrate Judges assessment of the burden of deciding fees now weighed against the judicial efficiency achieved by awaiting the outcome of the appeal. The Court therefore adopts the recommendations put forth in the R&R. TOMYs Motion to Stay the Motion for Fees (ECF No. 146 ) is GRANTED. The Motion for Fees (ECF No. 143 ) is stayed pending resolution of TOMYs appeal. The Clerk shall tax the costs and TOMY shall comply with D.R.I. LR Cv. 62 by posting a bond in an amount sufficient to cover any such taxed costs. Once the bond is posted, all further proceedings shall be STAYED. So Ordered by District Judge Mary S. McElroy on 5/5/2023. (Potter, Carrie) (Entered: 05/05/2023) TEXT ORDER: Magistrate Judge Patricia Sullivan issued a Report & Recommendation (R&R) on April 3, 2023, recommending that resolution of Summer Infant (USA), Inc.s (Summer Infant) Motion for Fees under 35 U.S.C. § 285 (ECF No. 143 ) be stayed pending TOMY International Inc.s (TOMY) appeal (ECF No. 144 ) and that the Clerk tax the costs of the litigation pursuant to Fed. R. Civ. P. 54(d) and D.R.I LR Cv. 54(c). The Magistrate Judge further recommended that TOMY should thereafter post a bond in that amount pursuant to D.R.I. LR Cv. 62 and that all further proceedings be stayed. No objection has been filed to the R&R. As this review involves a post-judgment matter, the magistrate judges authority is defined by 28 U.S.C. 636(b)(3) and may require a de novo review of the record by the Court. See, R&R (ECF No. 149 ) at 2, n.1; MLSF LLC v. Beinhocker, C.A. No. 10-1087-DPW, 2019 WL 4919524, 1 n.2 (D. Mass. June 10, 2019). The Court has independently reviewed the submissions of the parties and agrees with the Magistrate Judges assessment of the burden of deciding fees now weighed against the judicial efficiency achieved by awaiting the outcome of the appeal. The Court therefore adopts the recommendations put forth in the R&R. TOMYs Motion to Stay the Motion for Fees (ECF No. 146 ) is GRANTED. The Motion for Fees (ECF No. 143 ) is stayed pending resolution of TOMYs appeal. The Clerk shall tax the costs and TOMY shall comply with D.R.I. LR Cv. 62 by posting a bond in an amount sufficient to cover any such taxed costs. Once the bond is posted, all further proceedings shall be STAYED. So Ordered by District Judge Mary S. McElroy on 5/5/2023. (Potter, Carrie) (Entered: 05/05/2023)
05/05/23	Summer Infant USA Inc v. TOMY Intl Inc 1:17-CV-00549 ( D. RI )	TEXT ORDER: Magistrate Judge Patricia Sullivan issued a Report & Recommendation (R&R) on April 3, 2023, recommending that resolution of Summer Infant (USA), Inc.s (Summer Infant) Motion for Fees under 35 U.S.C. Â§ 285 (ECF No. 143 ) be stayed pending TOMY International Inc.s (TOMY) appeal (ECF No. 144 ) and that the Clerk tax the costs of the litigation pursuant to Fed. R. Civ. P. 54(d) and D.R.I LR Cv. 54(c). The Magistrate Judge further recommended that TOMY should thereafter post a bond in that amount pursuant to D.R.I. LR Cv. 62 and that all further proceedings be stayed. No objection has been filed to the R&R. As this review involves a post-judgment matter, the magistrate judges authority is defined by 28 U.S.C. 636(b)(3) and may require a de novo review of the record by the Court. See, R&R (ECF No. 149 ) at 2, n.1; MLSF LLC v. Beinhocker, C.A. No. 10-1087-DPW, 2019 WL 4919524, 1 n.2 (D. Mass. June 10, 2019). The Court has independently reviewed the submissions of the parties and agrees with the Magistrate Judges assessment of the burden of deciding fees now weighed against the judicial efficiency achieved by awaiting the outcome of the appeal. The Court therefore adopts the recommendations put forth in the R&R. TOMYs Motion to Stay the Motion for Fees (ECF No. 146 ) is GRANTED. The Motion for Fees (ECF No. 143 ) is stayed pending resolution of TOMYs appeal. The Clerk shall tax the costs and TOMY shall comply with D.R.I. LR Cv. 62 by posting a bond in an amount sufficient to cover any such taxed costs. Once the bond is posted, all further proceedings shall be STAYED. So Ordered by District Judge Mary S. McElroy on 5/5/2023. (Potter, Carrie) (Entered: 05/05/2023) TEXT ORDER: Magistrate Judge Patricia Sullivan issued a Report & Recommendation (R&R) on April 3, 2023, recommending that resolution of Summer Infant (USA), Inc.s (Summer Infant) Motion for Fees under 35 U.S.C. Â§ 285 (ECF No. 143 ) be stayed pending TOMY International Inc.s (TOMY) appeal (ECF No. 144 ) and that the Clerk tax the costs of the litigation pursuant to Fed. R. Civ. P. 54(d) and D.R.I LR Cv. 54(c). The Magistrate Judge further recommended that TOMY should thereafter post a bond in that amount pursuant to D.R.I. LR Cv. 62 and that all further proceedings be stayed. No objection has been filed to the R&R. As this review involves a post-judgment matter, the magistrate judges authority is defined by 28 U.S.C. 636(b)(3) and may require a de novo review of the record by the Court. See, R&R (ECF No. 149 ) at 2, n.1; MLSF LLC v. Beinhocker, C.A. No. 10-1087-DPW, 2019 WL 4919524, 1 n.2 (D. Mass. June 10, 2019). The Court has independently reviewed the submissions of the parties and agrees with the Magistrate Judges assessment of the burden of deciding fees now weighed against the judicial efficiency achieved by awaiting the outcome of the appeal. The Court therefore adopts the recommendations put forth in the R&R. TOMYs Motion to Stay the Motion for Fees (ECF No. 146 ) is GRANTED. The Motion for Fees (ECF No. 143 ) is stayed pending resolution of TOMYs appeal. The Clerk shall tax the costs and TOMY shall comply with D.R.I. LR Cv. 62 by posting a bond in an amount sufficient to cover any such taxed costs. Once the bond is posted, all further proceedings shall be STAYED. So Ordered by District Judge Mary S. McElroy on 5/5/2023. (Potter, Carrie) (Entered: 05/05/2023)
04/03/23	Summer Infant USA Inc v. TOMY Intl Inc 1:17-CV-00549 ( D. RI )	REPORT AND RECOMMENDATIONS re 143 MOTION for Fees under 35 U.S.C. § 285 and related relief filed by Summer Infant (USA), Inc., 146 MOTION to Stay re 142 Bill of Costs, 143 MOTION for Fees under 35 U.S.C. § 285 and related relief filed by TOMY International, Inc. Objections to R&R due by 4/17/2023. I recommend that TOMYs motion to stay (ECF No. 146) proceedings on Summer's motion for § 285 fees, costs and expenses pending appeal be granted and that Summer's motion for § 285 fees, costs and expenses (ECF No. 143) be stayed. I further recommend that the Clerk be directed to tax the costs forthwith pursuant to Fed. R. Civ. P. 54(d) and DRI LR Cv 54(c) and, unless the parties agree otherwise, that TOMY shall thereafter post a bond to cover costs pursuant to DRI LR Cv 62. Otherwise, I recommend that the Court stay further proceedings with respect to the costs. I further recommend that the Court order that the stay shall continue until fourteen days following the issuance of the mandate by the Federal Circuit or other termination of the appeal, at which time Summer shall refile its § 285 motion and TOMY shall file its motion to challenge the taxed costs, to the extent that either may be appropriate.. So Ordered by Magistrate Judge Patricia A. Sullivan on 4/3/2023. (Saucier, Martha) (Entered: 04/03/2023) REPORT AND RECOMMENDATIONS re 143 MOTION for Fees under 35 U.S.C. § 285 and related relief filed by Summer Infant (USA), Inc., 146 MOTION to Stay re 142 Bill of Costs, 143 MOTION for Fees under 35 U.S.C. § 285 and related relief filed by TOMY International, Inc. Objections to R&R due by 4/17/2023. I recommend that TOMYs motion to stay (ECF No. 146) proceedings on Summer's motion for § 285 fees, costs and expenses pending appeal be granted and that Summer's motion for § 285 fees, costs and expenses (ECF No. 143) be stayed. I further recommend that the Clerk be directed to tax the costs forthwith pursuant to Fed. R. Civ. P. 54(d) and DRI LR Cv 54(c) and, unless the parties agree otherwise, that TOMY shall thereafter post a bond to cover costs pursuant to DRI LR Cv 62. Otherwise, I recommend that the Court stay further proceedings with respect to the costs. I further recommend that the Court order that the stay shall continue until fourteen days following the issuance of the mandate by the Federal Circuit or other termination of the appeal, at which time Summer shall refile its § 285 motion and TOMY shall file its motion to challenge the taxed costs, to the extent that either may be appropriate.. So Ordered by Magistrate Judge Patricia A. Sullivan on 4/3/2023. (Saucier, Martha) (Entered: 04/03/2023)
04/03/23	Summer Infant USA Inc v. TOMY Intl Inc 1:17-CV-00549 ( D. RI )	REPORT AND RECOMMENDATIONS re 143 MOTION for Fees under 35 U.S.C. Â§ 285 and related relief filed by Summer Infant (USA), Inc., 146 MOTION to Stay re 142 Bill of Costs, 143 MOTION for Fees under 35 U.S.C. Â§ 285 and related relief filed by TOMY International, Inc. Objections to R&R due by 4/17/2023. I recommend that TOMYs motion to stay (ECF No. 146) proceedings on Summer's motion for Â§ 285 fees, costs and expenses pending appeal be granted and that Summer's motion for Â§ 285 fees, costs and expenses (ECF No. 143) be stayed. I further recommend that the Clerk be directed to tax the costs forthwith pursuant to Fed. R. Civ. P. 54(d) and DRI LR Cv 54(c) and, unless the parties agree otherwise, that TOMY shall thereafter post a bond to cover costs pursuant to DRI LR Cv 62. Otherwise, I recommend that the Court stay further proceedings with respect to the costs. I further recommend that the Court order that the stay shall continue until fourteen days following the issuance of the mandate by the Federal Circuit or other termination of the appeal, at which time Summer shall refile its Â§ 285 motion and TOMY shall file its motion to challenge the taxed costs, to the extent that either may be appropriate.. So Ordered by Magistrate Judge Patricia A. Sullivan on 4/3/2023. (Saucier, Martha) (Entered: 04/03/2023) REPORT AND RECOMMENDATIONS re 143 MOTION for Fees under 35 U.S.C. Â§ 285 and related relief filed by Summer Infant (USA), Inc., 146 MOTION to Stay re 142 Bill of Costs, 143 MOTION for Fees under 35 U.S.C. Â§ 285 and related relief filed by TOMY International, Inc. Objections to R&R due by 4/17/2023. I recommend that TOMYs motion to stay (ECF No. 146) proceedings on Summer's motion for Â§ 285 fees, costs and expenses pending appeal be granted and that Summer's motion for Â§ 285 fees, costs and expenses (ECF No. 143) be stayed. I further recommend that the Clerk be directed to tax the costs forthwith pursuant to Fed. R. Civ. P. 54(d) and DRI LR Cv 54(c) and, unless the parties agree otherwise, that TOMY shall thereafter post a bond to cover costs pursuant to DRI LR Cv 62. Otherwise, I recommend that the Court stay further proceedings with respect to the costs. I further recommend that the Court order that the stay shall continue until fourteen days following the issuance of the mandate by the Federal Circuit or other termination of the appeal, at which time Summer shall refile its Â§ 285 motion and TOMY shall file its motion to challenge the taxed costs, to the extent that either may be appropriate.. So Ordered by Magistrate Judge Patricia A. Sullivan on 4/3/2023. (Saucier, Martha) (Entered: 04/03/2023)
04/03/23	Summer Infant USA Inc v. TOMY Intl Inc 1:17-CV-00549 ( D. RI )	REPORT AND RECOMMENDATIONS re 143 MOTION for Fees under 35 U.S.C. § 285 and related relief filed by Summer Infant (USA), Inc., 146 MOTION to Stay re 142 Bill of Costs, 143 MOTION for Fees under 35 U.S.C. § 285 and related relief filed by TOMY International, Inc. Objections to R&R due by 4/17/2023. I recommend that TOMYs motion to stay (ECF No. 146) proceedings on Summer's motion for § 285 fees, costs and expenses pending appeal be granted and that Summer's motion for § 285 fees, costs and expenses (ECF No. 143) be stayed. I further recommend that the Clerk be directed to tax the costs forthwith pursuant to Fed. R. Civ. P. 54(d) and DRI LR Cv 54(c) and, unless the parties agree otherwise, that TOMY shall thereafter post a bond to cover costs pursuant to DRI LR Cv 62. Otherwise, I recommend that the Court stay further proceedings with respect to the costs. I further recommend that the Court order that the stay shall continue until fourteen days following the issuance of the mandate by the Federal Circuit or other termination of the appeal, at which time Summer shall refile its § 285 motion and TOMY shall file its motion to challenge the taxed costs, to the extent that either may be appropriate.. So Ordered by Magistrate Judge Patricia A. Sullivan on 4/3/2023. (Saucier, Martha) (Entered: 04/03/2023) REPORT AND RECOMMENDATIONS re 143 MOTION for Fees under 35 U.S.C. § 285 and related relief filed by Summer Infant (USA), Inc., 146 MOTION to Stay re 142 Bill of Costs, 143 MOTION for Fees under 35 U.S.C. § 285 and related relief filed by TOMY International, Inc. Objections to R&R due by 4/17/2023. I recommend that TOMYs motion to stay (ECF No. 146) proceedings on Summer's motion for § 285 fees, costs and expenses pending appeal be granted and that Summer's motion for § 285 fees, costs and expenses (ECF No. 143) be stayed. I further recommend that the Clerk be directed to tax the costs forthwith pursuant to Fed. R. Civ. P. 54(d) and DRI LR Cv 54(c) and, unless the parties agree otherwise, that TOMY shall thereafter post a bond to cover costs pursuant to DRI LR Cv 62. Otherwise, I recommend that the Court stay further proceedings with respect to the costs. I further recommend that the Court order that the stay shall continue until fourteen days following the issuance of the mandate by the Federal Circuit or other termination of the appeal, at which time Summer shall refile its § 285 motion and TOMY shall file its motion to challenge the taxed costs, to the extent that either may be appropriate.. So Ordered by Magistrate Judge Patricia A. Sullivan on 4/3/2023. (Saucier, Martha) (Entered: 04/03/2023)
04/03/23	Summer Infant USA Inc v. TOMY Intl Inc 1:17-CV-00549 ( D. RI )	REPORT AND RECOMMENDATIONS re 143 MOTION for Fees under 35 U.S.C. Â§ 285 and related relief filed by Summer Infant (USA), Inc., 146 MOTION to Stay re 142 Bill of Costs, 143 MOTION for Fees under 35 U.S.C. Â§ 285 and related relief filed by TOMY International, Inc. Objections to R&R due by 4/17/2023. I recommend that TOMYs motion to stay (ECF No. 146) proceedings on Summer's motion for Â§ 285 fees, costs and expenses pending appeal be granted and that Summer's motion for Â§ 285 fees, costs and expenses (ECF No. 143) be stayed. I further recommend that the Clerk be directed to tax the costs forthwith pursuant to Fed. R. Civ. P. 54(d) and DRI LR Cv 54(c) and, unless the parties agree otherwise, that TOMY shall thereafter post a bond to cover costs pursuant to DRI LR Cv 62. Otherwise, I recommend that the Court stay further proceedings with respect to the costs. I further recommend that the Court order that the stay shall continue until fourteen days following the issuance of the mandate by the Federal Circuit or other termination of the appeal, at which time Summer shall refile its Â§ 285 motion and TOMY shall file its motion to challenge the taxed costs, to the extent that either may be appropriate.. So Ordered by Magistrate Judge Patricia A. Sullivan on 4/3/2023. (Saucier, Martha) (Entered: 04/03/2023) REPORT AND RECOMMENDATIONS re 143 MOTION for Fees under 35 U.S.C. Â§ 285 and related relief filed by Summer Infant (USA), Inc., 146 MOTION to Stay re 142 Bill of Costs, 143 MOTION for Fees under 35 U.S.C. Â§ 285 and related relief filed by TOMY International, Inc. Objections to R&R due by 4/17/2023. I recommend that TOMYs motion to stay (ECF No. 146) proceedings on Summer's motion for Â§ 285 fees, costs and expenses pending appeal be granted and that Summer's motion for Â§ 285 fees, costs and expenses (ECF No. 143) be stayed. I further recommend that the Clerk be directed to tax the costs forthwith pursuant to Fed. R. Civ. P. 54(d) and DRI LR Cv 54(c) and, unless the parties agree otherwise, that TOMY shall thereafter post a bond to cover costs pursuant to DRI LR Cv 62. Otherwise, I recommend that the Court stay further proceedings with respect to the costs. I further recommend that the Court order that the stay shall continue until fourteen days following the issuance of the mandate by the Federal Circuit or other termination of the appeal, at which time Summer shall refile its Â§ 285 motion and TOMY shall file its motion to challenge the taxed costs, to the extent that either may be appropriate.. So Ordered by Magistrate Judge Patricia A. Sullivan on 4/3/2023. (Saucier, Martha) (Entered: 04/03/2023)
03/28/23	Summer Infant USA Inc v. TOMY Intl Inc 1:17-CV-00549 ( D. RI )	USCA Case Number 23-1524 for 144 Notice of Appeal filed by TOMY International, Inc. (Simoncelli, Michael) (Entered: 03/28/2023)
03/28/23	Summer Infant USA Inc v. TOMY Intl Inc 1:17-CV-00549 ( D. RI )	USCA Case Number 23-1524 for 144 Notice of Appeal filed by TOMY International, Inc. (Simoncelli, Michael) (Entered: 03/28/2023)