Midwest Energy Emissions Corporation v. Tucson Electric Power Company et al
| Midwest Energy Emissions Corp. |
| Salt River Project Agricultural Improvement and Power District |
| 4:2024cv00447 |
| December 17, 2024 |
| U.S. District Court for the Southern District of Iowa |
| William P Kelly |
| Stephen H Locher |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Both |
Docket Report
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| ***Civil Case Terminated. Per Order #25 in case 4-24-md-3132. (kjw) |
| Filing 52 NOTICE That 4-24-cv-447-SHL-WPK (formerly District of Arizona 3:24-cv-8145) is now consolidated with and part of MDL No. 3132. Therefore, future pleadings or documents should be filed in the Lead Case: 4-24-md-3132-SHL-WPK. (kjw) |
| Filing 51 Case transferred in from District of Arizona; Case Number 3:24-cv-08145. Original file |
| Filing 50 CERTIFIED MDL TRANSFER ORDER - Transferring Case to the Southern District of Iowa Re MDL-3132. (MAP) |
| Judge Stephen H. Locher and Magistrate Judge William P. Kelly added. (kjw) |
| Remark: Case Transferred to the Southern District of Iowa via electronic transfer This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 49 NOTICE re: Notice of U.S. Judicial Panel on Multidistrict Litigation Transfer Order by Midwest Energy Emissions Corporation . (Attachments: #1 Exhibit 1)(Nemunaitis, Justin) |
Filing 48
ORDER granting the Stipulated Motion to Extend Infringement and Invalidity Contention Deadlines (Doc. #47 ). The deadline to disclose asserted claims and infringement contentions, and document production accompanying infringement contentions is extended to 12/18/2024. The deadline to disclose invalidity of contentions and document production accompanying invalidity contentions is extended to 1/10/2025. Ordered by Judge Diane J Humetewa. (CR) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 47 MOTION for Extension of Time to Extend Infringement and Invalidity Contention Deadlines (Stipulated) by Salt River Project Agricultural Improvement and Power District. (Gere, Eric) |
| Filing 46 NOTICE of Service of Discovery filed by Salt River Project Agricultural Improvement and Power District. (Gere, Eric) |
| Filing 45 NOTICE re: CORPORATE NAME CHANGE by Midwest Energy Emissions Corporation . (Attachments: #1 Exhibit 1)(Nemunaitis, Justin) |
| Filing 44 MINUTE ORDER: Supplemental Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case. An answer, amended complaint, or other pleading #43 has been filed that may include additional trademarks, patents, or copyrights allegedly violated that were not previously included. Attached to this docket entry are the required form(s) that may need to be completed by the party who filed the above document.If your recently filed pleading adds or changes information related to the original patents, trademarks, or copyright allegations, please complete the form that is applicable to this particular case. In some cases, you may need to complete both forms. Within seven (7) days, you must submit the required form(s) to the Clerk's Office. Please complete the form and file it with the Court using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. Please DO NOT mail the form directly to the Patent or Copyright Office. The Clerk's Office will submit the form.If there are no changes to the copyright, trademark, or patent information previously submitted for this case, then the party who filed the above document must file a Notice, within seven (7) days, indicating such using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. (REK) |
| Filing 43 ANSWER to #1 Complaint with Jury Demand and Affirmative Defenses by Salt River Project Agricultural Improvement and Power District.(Gere, Eric) |
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Filing 42
ORDER that this action is dismissed as to Defendants Tri-State Generation and Transmission Association Inc., Springerville Unit 3 Holding LLC, and Springerville Unit 3 Partnership LP only, without prejudice. IT IS FURTHER ORDERED directing the Clerk of Court to terminate Defendants Tri- State Generation and Transmission Association Inc., Springerville Unit 3 Holding LLC, and Springerville Unit 3 Partnership LP. Signed by Judge Diane J Humetewa on 10/21/2024. (REK)
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Filing 41
ORDER approving the Stipulation #38 and dismissing this action as to Defendants Tucson Electric Power Co. and San Carlos Resources Inc. only, with prejudice, each party to bear its own attorneys' fees and costs. FURTHER ORDERED directing the Clerk of Court to terminate Defendant Tucson Electric Power Co. and San Carlos Resources Inc. Signed by Judge Diane J Humetewa on 10/21/2024. (REK)
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| Filing 40 NOTICE re: MDL by Midwest Energy Emissions Corporation . (Attachments: #1 Exhibit A)(Nemunaitis, Justin) |
| Filing 39 *NOTICE of Party Dismissal by Midwest Energy Emissions Corporation . Party Tri-State Generation and Transmission Association Incorporated (a Colorado cooperative association) , Springerville Unit 3 Holding LLC (a Delaware limited liability company) and Springerville Unit 3 Partnership LP (a Delaware limited partnership) terminated. (Nemunaitis, Justin) *Modified to correct event and text on 10/21/2024 (REK). |
| Filing 38 STIPULATION of Dismissal as to Defendants Tucson Electric Power Co. and San Carlos Resources Inc. by Midwest Energy Emissions Corporation. (Attachments: #1 Proposed Order)(Nemunaitis, Justin) |
| Filing 37 NOTICE of Service of Discovery filed by Midwest Energy Emissions Corporation. (Nemunaitis, Justin) |
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Filing 36
ORDER granting the parties' third Stipulation for Extension of Time to Answer Complaint and Disclose Asserted Claims and Infringement Contentions (Doc. #35 ). Defendant shall answer or otherwise respond to the Complaint by 10/31/2024. The deadline to disclose Asserted Claims and Infringement Contentions is extended to 12/4/2024. Absent extraordinary circumstances, no further extensions of these deadlines will be allowed. ORDERED by Judge Diane J Humetewa on 10/15/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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| Filing 35 Third STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT and to Extend the Deadline to Disclose Asserted Claims and Infringement Contentions by Salt River Project Agricultural Improvement and Power District. (Gere, Eric) |
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Filing 34
RULE 16 SCHEDULING ORDER: Discovery due by 7/10/2025. Dispositive motions due by 10/15/2025. ORDERED vacating the Rule 16 Scheduling Conference set for 10/1/2024 and denying Plaintiff's Motion to Appear Telephonically (Doc. #33 ) as moot. Signed by Judge Diane J Humetewa on 9/26/2024. (See Order for details.) (LFIG)
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| Filing 33 MOTION FOR LEAVE FOR CERTAIN COUNSEL TO APPEAR TELEPHONICALLY AT THE OCTOBER 1, 2024 SCHEDULING CONFERENCE by Midwest Energy Emissions Corporation. (Attachments: #1 Proposed Order)(Nemunaitis, Justin) |
| Filing 32 REPORT of Rule 26(f) Planning Meeting by Midwest Energy Emissions Corporation. (Nemunaitis, Justin) |
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Filing 31
ORDER approving the Stipulation for Extension of Time to Answer Complaint (Doc. #30 ). Defendants shall have until October 15, 2024, to file a response to Plaintiffs Complaint. ORDERED by Judge Diane J Humetewa on 9/5/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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| Filing 30 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT (Second Request) by Salt River Project Agricultural Improvement and Power District. (Gere, Eric) |
| Filing 29 Disclosure Statement by Springerville Unit 3 Holding LLC. (Daniels, Joseph) |
| Filing 28 Disclosure Statement by Springerville Unit 3 Partnership LP. (Daniels, Joseph) |
| Filing 27 Disclosure Statement by Tri-State Generation and Transmission Association Incorporated. (Daniels, Joseph) |
| Filing 26 NOTICE re: Service of #15 Order Setting Rule 16 Scheduling Conference by Midwest Energy Emissions Corporation . (Caldwell, Bradley) |
| Filing 25 Disclosure Statement by Tucson Electric Power Company. (Curley, Michael) |
| Filing 24 Disclosure Statement by Salt River Project Agricultural Improvement and Power District. (Gere, Eric) |
| Filing 23 NOTICE TO PARTY OF DEFICIENCY RE: DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Disclosure Statement should be filed within 14 days. Disclosure Statement Deadline set as to Springerville Unit 3 Holding LLC, Springerville Unit 3 Partnership LP, Tri-State Generation and Transmission Association Incorporated, Tucson Electric Power Company. (LFIG) |
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Filing 22
ORDER granting the Joint Motions (Docs. #19 , #20 ) and an extension until September 23, 2024 for Defendants Tri-State Generation, Transmission Association Inc., Springerville Unit 3 Holding LLC, Springerville Unit 3 Partnership LP, and San Carlos Resources, Inc. to answer or otherwise respond to the Complaint. Signed by Judge Diane J Humetewa on 8/14/2024. (REK)
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| Remark: Pro hac vice motion(s) granted for John V Picone, III on behalf of Defendant Salt River Project Agricultural Improvement and Power District. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 21 Disclosure Statement by San Carlos Resources Incorporated. (Curley, Michael) |
| Filing 20 *STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by San Carlos Resources Incorporated. (Attachments: #1 Proposed Order)(Curley, Michael) *Modified to correct event and text on 8/15/2024 (REK). |
| Filing 19 *STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT (First Request) by Springerville Unit 3 Holding LLC, Springerville Unit 3 Partnership LP, Tri-State Generation and Transmission Association Incorporated. (Daniels, Joseph) *Modified to correct event and text on 8/15/2024 (REK). |
| Remark: Pro hac vice motion(s) granted for Joseph C Daniels on behalf of Defendants Springerville Unit 3 Holding LLC, Springerville Unit 3 Partnership LP, Tri-State Generation and Transmission Association Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for Jing Hong Cherng on behalf of Defendant Salt River Project Agricultural Improvement and Power District. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 18 NOTICE TO PARTY OF DEFICIENCY RE: DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Disclosure Statement should be filed within 14 days. Disclosure Statement Deadline set as to Salt River Project Agricultural Improvement and Power District. (LFIG) |
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Filing 17
ORDER approving the Stipulation for Extension of Time to Answer (Doc. #16 ). Defendant Salt River Project Agricultural Improvement and Power District shall answer or otherwise respond to the Complaint by 9/23/2024. Ordered by Judge Diane J Humetewa. (CR) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 16 Joint MOTION for Extension of Time to File Answer re: #1 Complaint (First Request) by Salt River Project Agricultural Improvement and Power District. (Gere, Eric) |
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Filing 15
ORDER SETTING RULE 16 SCHEDULING CONFERENCE: Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Scheduling Conference is set for October 1, 2024 at 1:30 p.m. in Courtroom 605, Sandra Day O'Connor United States Courthouse, 401 W. Washington Street, Phoenix, Arizona 85003. Plaintiff(s) shall serve a copy of this order upon any Defendant(s) who have not yet appeared and shall file notice of service. Signed by Judge Diane J Humetewa on 7/29/2024. (REK)
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| Filing 14 *SERVICE EXECUTED filed by Midwest Energy Emissions Corporation: Proof of Service re: Summons in a Civil Action; Complaint; Exhibits; Certificate of Correction; Order upon Tri-State Generation and Transmission Association, Inc. on 7/24/2024. (Caldwell, Bradley) *Modified to correct service date on 7/29/2024 (REK). |
| Filing 13 SERVICE EXECUTED filed by Midwest Energy Emissions Corporation: Rule 4 Waiver of Service of Summons. Waiver sent on 7/26/2024 to Tucsom Electric Power Company . (Caldwell, Bradley) |
| Filing 12 *SERVICE EXECUTED filed by Midwest Energy Emissions Corporation: Proof of Service re: Summons in a Civil Action; Complaint; Exhibits; Certificate of Correction; Order upon Springerville Unit 3 Partnership LP on 7/24/2024. (Caldwell, Bradley) *Modified service date on 7/29/2024 (REK). |
| Filing 11 *SERVICE EXECUTED filed by Midwest Energy Emissions Corporation: Proof of Service re: Summons in a Civil Action; Complaint; Exhibits; Certificate of Correction; Order upon Springerville Unit 3 Holding, LLC on 7/24/2024. (Caldwell, Bradley) *Modified to correct service date on 7/29/2024 (REK). |
| Filing 10 *SERVICE EXECUTED filed by Midwest Energy Emissions Corporation: Proof of Service re: Summons in a Civil Action; Complaint; Exhibits; Certificate of Correction; Order upon Salt River Project Agricultural Improvement and Power District on 7/24/2024. (Caldwell, Bradley) Modified to correct service date on 7/29/2024 (REK). |
| Remark: Pro hac vice motion(s) granted for Richard A Cochrane, Bradley W Caldwell, Justin T Nemunaitis on behalf of Plaintiff Midwest Energy Emissions Corporation. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 9
ORDER: Plaintiff(s) must file proof of service of the summons and complaint or of waiver of service with the Clerk of Court no later than October 14, 2024. Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file notice of service with the Clerk of Court. Unless the Court orders otherwise, on October 15, 2024, the Clerk of Court, without further notice, shall terminate any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. See document for complete details. Signed by Judge Diane J Humetewa on 7/18/2024. (KLG)
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| Filing 8 Additional Attachments to Main Document re: #1 Complaint Corrected Civil Cover Sheet by Plaintiff Midwest Energy Emissions Corporation. (Kercsmar, Geoffrey) |
| Filing 7 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Midwest Energy Emissions Corporation. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. FOLLOW-UP ACTION REQUIRED: Please submit the Automated JS-44 Civil Cover Sheet using the following: Civil, Other Filings, Other Documents, Additional Attachment to Main Document and link to the Complaint. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK) |
| Filing 6 Summons Issued as to Salt River Project Agricultural Improvement and Power District, San Carlos Resources Incorporated, Springerville Unit 3 Holding LLC, Springerville Unit 3 Partnership LP, Tri-State Generation and Transmission Association Incorporated, Tucson Electric Power Company. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 5 Filing fee paid, receipt number AAZDC-23258440. This case has been assigned to the Honorable Diane J Humetewa. All future pleadings or documents should bear the correct case number: CV-24-08145-PCT-DJH. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) |
| Filing 4 SUMMONS Submitted by Midwest Energy Emissions Corporation. (submitted by Geoffrey Kercsmar) (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(REK) |
| Filing 3 NOTICE of Filing - AO 120 Report on the Filing or Determination of an Action or Appeal Regarding a Patent or Trademark filed by Midwest Energy Emissions Corporation. (submitted by Geoffrey Kercsmar) (REK) |
| Filing 2 Corporate Disclosure Statement by Midwest Energy Emissions Corporation. (submitted by Geoffrey Kercsmar) (REK) |
| Filing 1 COMPLAINT. Filing fee received: $405.00, receipt number AAZDC-23258440 filed by Midwest Energy Emissions Corporation. (submitted by Geoffrey Kercsmar) (Attachments: #1 Exhibit A-E, #2 Civil Cover Sheet)(REK) |
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