PerfX Wireline Services, LLC v. DynaEnergetics US, Inc. et al
| PerfX Wireline Services, LLC and XConnect, LLC formerly doing business as PerfX Wireline Services, LLC |
| DMC Global, Inc., DynaEnergetics Europe GMBH and DynaEnergetics US, Inc. |
| 1:2020cv03665 |
| December 15, 2020 |
| US District Court for the District of Colorado |
| Michael E Hegarty |
| Raymond P Moore |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Defendant |
Docket Report
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| Filing 55 CERTIFICATE of Service by E-mail re #54 Letter from The United States Court of Appeals for the Federal Circuit re #52 Order on Motion to Change Venue. XConnect, LLC petitions for a writ of mandamus to vacate the order of the United States District Court for the District of Colorado. Sent to the Western District of Texas. (evana, ) |
| Filing 54 Letter from The United States Court of Appeals for the Federal Circuit re #52 Order on Motion to Change Venue. XConnect, LLC petitions for a writ of mandamus to vacate the order of the United States District Court for the District of Colorado transferring this case to the United States District Court for the Western District of Texas and to re-transfer the case back to the District of Colorado. DynaEnergetics US, Inc., DynaEnergetics Europe GmbH, and DMC Global Inc. (collectively, DynaEnergetics) op-pose. We deny the petition. Accordingly, IT IS ORDERED THAT: The petition is denied.. (evana, ) |
| Filing 53 Interdistrict Transmittal of Documents via e-mail to the United States District Court for the Western District of Texas. Pursuant to the #52 Order Granting Motion to Transfer to Judge Alan D. Albright. InterdistrictTransfer_TXWD@txwd.uscourts.gov. Text Only Entry (evana, ) |
Filing 52
ORDER That Defendants' Motion to Transfer (ECF No. #25 ) is GRANTED; and That, pursuant to 28 U.S.C. 1404(a), this action shall be transferred to the United States District Court for the Western District of Texas where four related actions are proceeding before Judge Alan D. Albright, by Judge Raymond P. Moore on 9/15/2021.(evana, )
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Filing 51
ORDER: After considering the unopposed motion to change the name of the Plaintiff in the caption, and being otherwise fully advised, the motion #50 is GRANTED. It is therefore ORDERED that (1) the Clerk shall modify the record to reflect Plaintiff's name as "XConnect, LLC" and (2) all future filings with the court shall reflect Plaintiffs new name. SO ORDERED by Judge Raymond P. Moore on 8/18/2021. (Text Only Entry)(rmsec)
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| Filing 50 Unopposed MOTION to Change Plaintiff PerfX Wireline Services, LLC's Name by Plaintiff PerfX Wireline Services, LLC (Redmond, Megan) (Modified on 8/18/2021 (edited the text to reflect that it is a motion)(evana, ). |
| Filing 49 REPLY to Response to #47 MOTION for Leave to File Its First Amended #1 Complaint, Under Rule 15 filed by Plaintiff PerfX Wireline Services, LLC. (Bader, Caroline) |
| Filing 48 BRIEF in Opposition to #47 MOTION for Leave to File Its First Amended #1 Complaint, filed by Defendants DMC Global, Inc., DynaEnergetics Europe GMBH, DynaEnergetics US, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bergman, Jonathon) |
| Filing 47 MOTION for Leave to File Its First Amended #1 Complaint, by Plaintiff PerfX Wireline Services, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit 2, #10 Exhibit 3, #11 Exhibit 4)(Redmond, Megan) |
| Filing 46 TRANSCRIPT of Scheduling Conference held on April 1, 2021 before Magistrate Judge Hegarty. Pages: 1-7. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Patterson Transcription Company, ) |
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Filing 45
STIPULATED PROTECTIVE ORDER by Magistrate Judge Michael E. Hegarty on 20 April 2021. (cmadr, )
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Filing 44
ORDER. Plaintiff's Motion for Entry of Protective Order [filed April 13, 2021; ECF #41 ] is denied, and Defendants' Motion for Entry of Protective Order [filed April 13, 2021; ECF #42 ] is granted, by Magistrate Judge Michael E. Hegarty on 4/15/2021.(agarc, )
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Filing 43
MEMORANDUM regarding #42 MOTION for Protective Order filed by DMC Global, Inc., DynaEnergetics Europe GMBH, DynaEnergetics US, Inc., #41 MOTION for Protective Order filed by PerfX Wireline Services, LLC. Motions referred to Magistrate Judge Michael E. Hegarty. By Judge Raymond P. Moore on 4/13/2021. (Text Only Entry) (rmsec )
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| Filing 42 MOTION for Protective Order by Defendants DMC Global, Inc., DynaEnergetics Europe GMBH, DynaEnergetics US, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bergman, Jonathon) |
| Filing 41 MOTION for Protective Order by Plaintiff PerfX Wireline Services, LLC. (Attachments: #1 Exhibit Proposed Order, #2 Exhibit)(Bader, Caroline) |
| Filing 40 NOTICE of Entry of Appearance by Lisa Jeannine Moyles on behalf of DMC Global, Inc., DynaEnergetics Europe GMBH, DynaEnergetics US, Inc.Attorney Lisa Jeannine Moyles added to party DMC Global, Inc.(pty:dft), Attorney Lisa Jeannine Moyles added to party DynaEnergetics Europe GMBH(pty:dft), Attorney Lisa Jeannine Moyles added to party DynaEnergetics US, Inc.(pty:dft) (Moyles, Lisa) |
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Filing 39
SCHEDULING ORDER IN A PATENT CASE by Magistrate Judge Michael E. Hegarty on 1 April 2021. (cmadr, )
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| Filing 38 CORUTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 4/1/2021. FTR: A501. (cthom, ) |
| Filing 37 Proposed Scheduling Order in a Patent Case by Plaintiff PerfX Wireline Services, LLC. (Bader, Caroline) |
| Filing 36 NOTICE of Entry of Appearance by Preston Hamilton Heard on behalf of All Defendants Attorney Preston Hamilton Heard added to party DMC Global, Inc.(pty:dft), Attorney Preston Hamilton Heard added to party DynaEnergetics Europe GMBH(pty:dft), Attorney Preston Hamilton Heard added to party DynaEnergetics US, Inc.(pty:dft) (Heard, Preston) |
| Filing 35 REPLY to Response to #25 MOTION to Change Venue filed by Defendants DMC Global, Inc., DynaEnergetics Europe GMBH, DynaEnergetics US, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit B-1, #4 Exhibit B-2, #5 Exhibit B-3, #6 Exhibit B-4, #7 Exhibit B-5, #8 Exhibit B-6)(Bergman, Jonathon) |
| Filing 34 REPLY to Response to #24 MOTION to Dismiss filed by Defendant DMC Global, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Bergman, Jonathon) |
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Filing 33
MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 3/15/2021. (Text Only Entry) (rmsec )
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Filing 32
ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. 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 D.C.COLO.LCivR 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 a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Raymond P. Moore on 3/15/2021. (Text Only Entry) (rmsec )
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| Filing 31 CASE REASSIGNED pursuant to #30 . All parties do not consent. This case is randomly reassigned to Judge Raymond P. Moore. All future pleadings should be designated as 20-cv-03665-RM. (Text Only Entry) (cmadr, ) |
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Filing 30
Minute ORDER by Magistrate Judge Michael E. Hegarty on 12 March 2021. Pursuant to the consent form filed by the parties declining consent under the D.C.Colo.LCivR 40.1(c) (ECF #29 ), the Court directs the Clerk of the Court to reassign this case under D.C.Colo.LCivR 40.1(a). This Court may continue on the case to hear matters referred by the district judge under 28 U.S.C. 636(b), Fed. R. Civ. P. 72 and D.C.Colo.LCivR 72.1(c). (cmadr, )
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| Filing 29 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff PerfX Wireline Services, LLC All parties do not consent.. (Bader, Caroline) |
| Filing 28 RESPONSE to #25 MOTION to Change Venue filed by Plaintiff PerfX Wireline Services, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Redmond, Megan) |
| Filing 27 RESPONSE to #24 MOTION to Dismiss filed by Plaintiff PerfX Wireline Services, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Bader, Caroline) |
| Filing 26 ANSWER/REPLY to #20 Answer to Complaint, Counterclaim by PerfX Wireline Services, LLC.(Bader, Caroline) |
| Filing 25 MOTION to Change Venue by Defendants DMC Global, Inc., DynaEnergetics Europe GMBH, DynaEnergetics US, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bergman, Jonathon) |
| Filing 24 MOTION to Dismiss by Defendant DMC Global, Inc.. (Attachments: #1 Exhibit A)(Bergman, Jonathon) |
| Filing 23 CORPORATE DISCLOSURE STATEMENT. (Bergman, Jonathon) |
| Filing 22 NOTICE OF CASE ASSOCIATION by Jonathon David Bergman on behalf of DynaEnergetics Europe GMBH, DynaEnergetics US, Inc. (Bergman, Jonathon) |
| Filing 21 CORPORATE DISCLOSURE STATEMENT. (Bergman, Jonathon) |
| Filing 20 ANSWER to #1 Complaint, , COUNTERCLAIM against PerfX Wireline Services, LLC by DynaEnergetics Europe GMBH, DynaEnergetics US, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Bergman, Jonathon) |
| Filing 19 WAIVER OF SERVICE Returned Executed by PerfX Wireline Services, LLC. DynaEnergetics Europe GMBH waiver sent on 1/11/2021, answer due 3/12/2021. (Redmond, Megan) |
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Filing 18
Minute ORDER by Magistrate Judge Michael E. Hegarty on 5 February 2021. At the request of the parties, the Fed. R. Civ. P. 16(b) Scheduling Conference set for February 25, 2021 is vacated and rescheduled for April 1, 2021, at 10:15 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. The parties shall complete and file the Magistrate Judge Consent Form (ECF 8-1) on or before March 12, 2021. Proposed Scheduling Order due 3/25/2021. (cmadr, )
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| Filing 17 NOTICE of Entry of Appearance by Aditi K. Kulkarni-Knight on behalf of All Defendants Attorney Aditi K. Kulkarni-Knight added to party DMC Global, Inc.(pty:dft), Attorney Aditi K. Kulkarni-Knight added to party DynaEnergetics Europe GMBH(pty:dft), Attorney Aditi K. Kulkarni-Knight added to party DynaEnergetics US, Inc.(pty:dft) (Kulkarni-Knight, Aditi) |
| Filing 16 NOTICE of Entry of Appearance by Jonathon David Bergman on behalf of All Defendants Attorney Jonathon David Bergman added to party DMC Global, Inc.(pty:dft), Attorney Jonathon David Bergman added to party DynaEnergetics Europe GMBH(pty:dft), Attorney Jonathon David Bergman added to party DynaEnergetics US, Inc.(pty:dft) (Bergman, Jonathon) |
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Filing 15
Minute ORDER by Magistrate Judge Michael E. Hegarty on 12 January 2021. For good cause shown, the "Unopposed Motion for Extension of Time to Respond to Complaint" #14 filed by Defendants DynaEnergetics US, Inc. and DMC Global Inc. is granted. These Defendants shall file an answer or other response to the operative complaint on or before February 12, 2021.(cmadr, )
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| Filing 14 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond by Defendants DMC Global, Inc., DynaEnergetics US, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Herman, Barry) |
| Filing 13 SUMMONS Returned Executed by PerfX Wireline Services, LLC. DynaEnergetics US, Inc. served on 12/23/2020, answer due 1/13/2021. (Redmond, Megan) |
| Filing 12 SUMMONS Returned Executed by PerfX Wireline Services, LLC. DMC Global, Inc. served on 12/23/2020, answer due 1/13/2021. (Redmond, Megan) |
| Filing 11 NOTICE of Entry of Appearance by Caroline Ann Bader on behalf of PerfX Wireline Services, LLCAttorney Caroline Ann Bader added to party PerfX Wireline Services, LLC(pty:pla) (Bader, Caroline) |
| Filing 9 Administrative Notice: Duplicate filing fee received. Financial notified and a refund is pending. (Text Only Entry) (jtorr, ) |
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Filing 10
Minute ORDER by Magistrate Judge Michael E. Hegarty on 15 December 2020. Consent Form due by 2/5/2021. Proposed Scheduling Order due 2/18/2021. Scheduling Conference set for 2/25/2021 10:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (cmadr, )
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| Filing 8 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (cpomm, ) |
| Filing 7 Report re Patent/Trademark: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (cpomm, ) |
| Filing 6 Case assigned to Magistrate Judge Michael E. Hegarty. Text Only Entry (cpomm, ) |
| Filing 5 SUMMONS REQUEST as to DYNAENERGETICS EUROPE GMBH re #1 Complaint, by Plaintiff PerfX Wireline Services, LLC. (Redmond, Megan) |
| Filing 4 SUMMONS REQUEST as to DYNAENERGETICS US, INC., re #1 Complaint, by Plaintiff PerfX Wireline Services, LLC. (Redmond, Megan) |
| Filing 3 SUMMONS REQUEST as to DMC GLOBAL INC. re #1 Complaint, by Plaintiff PerfX Wireline Services, LLC. (Redmond, Megan) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT. (Redmond, Megan) |
| Filing 1 COMPLAINT for Declaratory Judgment of Patent Non-Infringement against DMC Global, Inc., DynaEnergetics Europe GMBH, DynaEnergetics US, Inc. (Filing fee $ 402,Receipt Number 1082-7631589)Attorney Megan J. Redmond added to party PerfX Wireline Services, LLC(pty:pla), filed by PerfX Wireline Services, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Redmond, Megan) |
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