Provisur Technologies v. Textor, Inc et al
| Provisur Technologies |
| Textor, Inc, Weber, Inc., Weber Maschinenbau GMBH Breidenbach, Weber Maschinenbau GmbH Neubrandenburg and Textor Maschinenbau GmbH |
| 1:2021cv06428 |
| December 1, 2021 |
| US District Court for the Northern District of Illinois |
| Steven C Seeger |
| Patent |
| None |
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| Filing 13 TRANSFERRED to the USDC Western District of Missouri the electronic record. (exr, ) |
| ELECTRONIC Acknowledgement of case transferred to the Western District of Missouri as case 5:21-cv-06170, filed 12/20/2021. (aee, ) |
| Filing 12 MINUTE entry before the Honorable Steven C. Seeger: Defendant's motion to transfer (Dckt. No. #10 ) is hereby granted. Defendants served two subpoenas seeking documents and a deposition from Jason Green, a third party, for use in two patent-infringement cases pending in the United States District Court for the Western District of Missouri. Defendants served comparable subpoenas on other third parties in the Northern District of Illinois. Currently, there are similar motions to quash in four miscellaneous cases in this district, including the case at hand, all of which involve subpoenas in the same underlying litigation. See Provisur Technologies v. Weber, Inc., 21-cv-6421 (Ellis, J.); Provisur Technologies v. Weber, Inc., 21-cv-6425 (Ellis, J.); Provisur Technologies v. Weber, Inc., 21-cv-6429 (Pacold, J.). The issues in this patent case are complex, so resolving the issues would require this Court to climb a steep learning curve. On the flipside, Judge Bough has presided over the underlying litigation in the Western District of Missouri for several years, so he has a heightened familiarity with the issues at hand. Judge Bough is in the best position to render a decision on the merits. And time is of the essence, because fact discovery closes on December 22, 2021, only five days from now. Judge Bough can give a better, faster decision than this Court. According to Defendant, during a hearing on December 13, Judge Bough expressed a willingness to resolve the issues surrounding the subpoenas at hand. It makes more sense to have one judge who knows a lot about the case decide the merits of the motions, instead of three judges who know next to nothing about the case. The complexity of the case, the procedural posture, and the need for speed all weigh in favor of transfer. See Fed. R. Civ. P. 45(f) advisory committee's note to 2013 amendment (noting that "transfer may be warranted in order to avoid disrupting the issuing court's management of the underlying litigation, as when that court has already ruled on issues presented by the motion or the same issues are likely to arise in discovery in many districts"). Litigating this dispute in Missouri will pose no meaningful burden on Green, as illustrated by the fact that he admits his role is "managing and overseeing the underlying litigations on behalf of Provisur's owner," (Dckt. No. #6 , at 5) so he is already involved in the underlying litigation in Missouri. Id. (noting that the "prime concern should be avoiding burdens on local nonparties subject to subpoenas"). Green can present arguments against the subpoenas in the Western District of Missouri. The Court finds "exceptional circumstances" to transfer the motion to the Western District of Missouri. See Fed. R. Civ. P. 45(f). The Clerk is directed to transfer this action to the Western District of Missouri forthwith. The case is closed. Civil case terminated. Mailed notice. Mailed notice (jjr, ) |
| Filing 11 ATTORNEY Appearance for Defendants Textor Maschinenbau GmbH, Textor, Inc, Weber Maschinenbau GMBH Breidenbach, Weber Maschinenbau GmbH Neubrandenburg, Weber, Inc. by James Lee Lovsin (Lovsin, James) |
| Filing 10 RESPONSE by Defendants Textor Maschinenbau GmbH, Textor, Inc, Weber Maschinenbau GMBH Breidenbach, Weber Maschinenbau GmbH Neubrandenburg, Weber, Inc. to memorandum in support of motion, #3 , miscellaneous case #6 Motion To Transfer Third Party Jason Green's Motion To Quash Or Alternatively Deny The Motion (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Corporate Disclosure Statement)(Tully, Paul) Modified on 12/17/2021 (jjr, ). |
| Filing 9 ATTORNEY Appearance for Defendants Textor Maschinenbau GmbH, Textor, Inc, Weber Maschinenbau GMBH Breidenbach, Weber Maschinenbau GmbH Neubrandenburg, Weber, Inc. by Paul S. Tully (Tully, Paul) |
| Filing 8 MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by February 15, 2022. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. The parties must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court. First, the parties must file the Joint Initial Status Report under Rule 26(f) on the docket. A Word version of the Joint Initial Status Report is available on the Court's website. All parties must participate in the preparation and filing of the Joint Initial Status Report. The Court requires a joint report, so a filing by one side or the other is not sufficient. Second, the parties must email a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Lead counsel for the parties must participate in filing the initial status report. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties must discuss settlement in good faith and make a serious attempt to resolve this case amicably. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. Mailed notice. (jjr, ) |
| ***Civil Case Terminated. (exr, ) |
| Filing 7 ATTORNEY Appearance for Plaintiff Provisur Technologies by Ren-How H. Harn (Harn, Ren-How) |
| Filing 6 MISCELLANEOUS CASE by Provisur Technologies THIRD PARTY JASON GREEN, ESQ.'S MOTION TO QUASH DEFENDANTS' SUBPOENA FOR DOCUMENTS AND DEPOSITION Filing fee $ 49, receipt number 0752-18924315. (Martin, Craig) |
| Filing 5 ATTORNEY Appearance for Plaintiff Provisur Technologies by Michael Glenn Babbitt (Babbitt, Michael) |
| Filing 4 ATTORNEY Appearance for Plaintiff Provisur Technologies by Sara Tonnies Horton (Horton, Sara) |
| Filing 3 MEMORANDUM OF LAW IN SUPPORT OF MOTION TO QUASH DEFENDANTS' SUBPOENAS BY THIRD PARTY JASON GREEN, ESQ. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17)(Martin, Craig) |
| Filing 2 ATTORNEY Appearance for Plaintiff Provisur Technologies by Craig Christopher Martin (Martin, Craig) |
| Filing 1 CIVIL Cover Sheet (Martin, Craig) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (cxr, ) |
| CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (cxr, ) |
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