Provisur Technologies v. Weber, Inc. et al
| Provisur Technologies and Provisur Technologies, Inc. |
| Weber, Inc., Textor, Inc, Weber Maschinenbau GMBH Breidenbach, Weber Maschinenbau GmbH Neubrandenburg and Textor Maschinenbau GmbH |
| 1:2021cv06429 |
| December 1, 2021 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Other Statutory Actions |
| None |
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| Filing 18 TRANSFERRED to the USDC Western District of Missouri the electronic record. (exr, ) |
Filing 17
ORDER: The Clerk is directed to transfer this action to the Western District of Missouri, forthwith. Signed by the Honorable Martha M. Pacold on 12/28/2021. Mailed notice. (exr, )
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| ELECTRONIC Acknowledgement of case transferred to the Western District of Missouri as case 5:21-cv-06176, filed 12/28/2021. (ph, ) |
| Filing 16 MINUTE entry before the Honorable M. David Weisman: In light of the District Judge's termination of this case Dkt #15 , all matters relating to the referral of this case have been resolved. Notice of motion date of 12/27/2021 before Magistrate Judge Weisman is hereby stricken with no appearance required. Referral terminated.Mailed notice. (pk, ) |
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Filing 15
ORDER: Defendant's motion to transfer #12 is granted. Defendants served a third-party subpoena seeking documents and a deposition from Klintworth & Rozenblat, LLP, 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. There are or were similar motions to quash in three miscellaneous cases in this district, including this case, 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-6428 (Seeger, J.). As Judge Seeger recently found in 21-cv-6428, Dkt. 12: The issues in this patent case are complex. 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. Moreover, fact discovery closes on December 22, 2021, only two days from today. 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"). Judge Seeger has already transferred 21-cv-6428 to the Western District of Missouri, and this court finds it advisable to do so as well for the same reasons. 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. The case is closed. Signed by the Honorable Martha M. Pacold on 12/20/2021. (kl, )
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| Filing 14 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 13 NOTICE of Motion by Paul S. Tully for presentment of motion to quash, #1 before Honorable M. David Weisman on 12/27/2021 at 10:30 AM. before Honorable M. David Weisman on 12/27/2021 at 10:00 AM. (Tully, Paul) |
| Filing 12 RESPONSE by Defendants Textor Maschinenbau GmbH, Textor, Inc, Weber Maschinenbau GmbH Breidenbach, Weber Maschinenbau GmbH Neubrandenburg, Weber, Inc. to memorandum in support of motion, #4 , motion to quash, #1 Motion To Transfer Third Party Klintworth & Rozenblat IP LLP's Motion To Quash Or Alternatively Deny The Motion (Attachments: #1 Exhibit A, #2 Corporate Disclosure Statement)(Tully, Paul) |
| Filing 11 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 10 MINUTE entry before the Honorable M. David Weisman: This case has been referred to Magistrate Judge Weisman for the purposes of holding proceedings related to Third Party Klintworth & Rozenblat IP, LLP's Motion to Quash Defendants' Subpoena for Documents and Deposition #1 . Third Party Klintworth & Rozenblat IP, LLP's Motion to Quash Defendants' Subpoena for Documents and Deposition #1 is entered and continued. Defendants response due by 12/21/2021. Third-party reply due by 01/04/2022. Ruling on motion hearing before Honorable M. David Weisman is set for 2/7/2022 at 9:15 a.m. Parties shall dial in using the Court's conference call- in number. The conference call-in number is 1-877-411-9748 and the passcode is 1814539. Mailed notice. (pk, ) |
| Filing 9 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable M. David Weisman for the purpose of holding proceedings related to: Third Party Klintworth & Rozenblat IP, LLP's Motion to Quash Defendants' Subpoena for Documents and Deposition #1 .(rao, ) |
| Filing 8 MINUTE entry before the Honorable Martha M. Pacold: Upon review of the record, the court will refer this matter and the motion to quash the defendants' subpoena for documents and deposition #1 to Magistrate Judge Weisman. (rao, ) |
| Filing 7 ATTORNEY Appearance for Plaintiff Provisur Technologies by Ren-How H. Harn (Harn, Ren-How) |
| Filing 6 ATTORNEY Appearance for Plaintiff Provisur Technologies by Michael Glenn Babbitt (Babbitt, Michael) |
| Filing 5 ATTORNEY Appearance for Plaintiff Provisur Technologies by Sara Tonnies Horton (Horton, Sara) |
| Filing 4 MEMORANDUM OF LAW IN SUPPORT OF MOTION TO QUASH DEFENDANTS' SUBPOENA FOR DOCUMENTS AND DEPOSITION BY THIRD PARTY KLINTWORTH & ROZENBLAT IP LLP (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)(Martin, Craig) |
| Filing 3 ATTORNEY Appearance for Plaintiff Provisur Technologies by Craig Christopher Martin (Martin, Craig) |
| Filing 2 CIVIL Cover Sheet (Martin, Craig) |
| Filing 1 MISCELLANEOUS CASE by Provisur Technologies THIRD PARTY KLINTWORTH & ROZENBLAT IP, LLP'S MOTION TO QUASH DEFENDANTS' SUBPOENA FOR DOCUMENTS AND DEPOSITION Filing fee $ 49, receipt number 0752-18924499. (Martin, Craig) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (cxr, ) |
| 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, ) |
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