Hruska v. Buchanan et al
| Christoper D. Hruska |
| Walter R. Buchanan and Poseidon Ventures, LLC |
| 2:2024cv02048 |
| February 7, 2024 |
| US District Court for the District of Kansas |
| Teresa J James |
| Julie A Robinson |
| Patent |
| 35 U.S.C. § 0101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 29, 2024. A more recent docket listing may be available from PACER.
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| Filing 59 MOTION to Dismiss Plaintiff's Amended Complaint by Defendants Walter R. Buchanan, Poseidon Ventures, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) (Davis, Timothy) |
Filing 58
ORDER granting #57 Defendant's Motion for Leave to File Excess Pages. Although mentioned in the motion, counsel is reminded that D. Kan. Rule 6.1(a) now requires motions for extension of time to be filed three (3) days before the deadline. The motion to dismiss should not exceed a total of 20 pages. Signed by District Judge Julie A. Robinson on 3/29/24. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ss)
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| MOTION REFERRAL to Magistrate Judge REMOVED as to: #57 MOTION for Leave to File Excess Pages . The motion will be resolved by the District Judge.(hmg) |
| Filing 57 MOTION for Leave to Exceed Page Limit by Defendants Walter R. Buchanan, Poseidon Ventures, LLC. (Davis, Timothy) |
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Filing 56
ORDER denying without prejudice #24 Motion to Dismiss Amended Complaint. Defendants have until March 29, 2024 to refile any motion to dismiss. Signed by District Judge Julie A. Robinson on 3/1/2024. (jal)
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Filing 55
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 4/8/2024 at 11:00 AM by Telephone before Magistrate Judge Teresa J. James. Dial 1-888-363-4749 and enter ACCESS CODE 4901386. Rule 26 Planning Conference Deadline 3/18/2024. Rule 26 Initial Disclosures Deadline set for 4/1/2024. Proposed Scheduling Order Deadline 4/1/2024. Signed by Magistrate Judge Teresa J. James on 2/28/2024. (tvn)
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Filing 54
MINUTE ENTRY and ORDER from proceedings held before Magistrate Judge Teresa J. James: STATUS CONFERENCE held on 2/27/2024. Plaintiff appeared through counsel, Michael T. Crabb and Jennifer Helen Salva. Defendants appeared through counsel, George G. Brell and Daniel A Crowe. After discussion with counsel, the Court vacated all current deadlines under the current Scheduling Order (ECF No. 19) issued by the Western District of Missouri. The Court will file a new Initial Order Regarding Planning and Scheduling to prepare a schedule that complies with the District of Kansas Local Rules and the District Judge's preferences. The Court will allow written discovery in the interim but will not allow depositions at this time. Signed by Magistrate Judge Teresa J. James on 2/27/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (hmg)
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Filing 53
ORDER granting #51 Motion to Appear Pro Hac Vice of George G. Brell for Walter R. Buchanan, Poseidon Ventures, LLC pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Teresa J. James on 2/20/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (tvn)
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Filing 52
ORDER granting #50 Motion to Appear Pro Hac Vice of Daniel A. Crowe for Walter R. Buchanan, Poseidon Ventures, LLC pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Teresa J. James on 2/20/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (tvn)
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| Filing 51 MOTION for attorney George G. Brell to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6277410.) by Defendants Walter R. Buchanan, Poseidon Ventures, LLC (referred to Magistrate Judge Teresa J. James) (Attachments: #1 Affidavit, #2 ECF Registration Form)(Davis, Timothy) |
| Filing 50 MOTION for attorney Daniel A. Crowe to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6277403.) by Defendants Walter R. Buchanan, Poseidon Ventures, LLC (referred to Magistrate Judge Teresa J. James) (Attachments: #1 Affidavit, #2 ECF Registration Form)(Davis, Timothy) |
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Filing 49
ORDER SETTING STATUS CONFERENCE On the Court's own motion, a Status Conference is set for 2/27/2024 at 11:00 AM by Telephone before Magistrate Judge Teresa J. James. The parties must dial CONFERENCE LINE 1-888-363-4749 and enter ACCESS CODE 4901386. Signed by Magistrate Judge Teresa J. James on 2/14/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(hmg)
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| Filing 48 CERTIFICATE OF SERVICE of Plaintiff's document production to Defendants' First Request for Production by Christoper D. Hruska. (Crabb, Michael) |
| Filing 47 Letter to counsel regarding Transfer In of case. (Letter emailed). (mls) |
| Filing 46 CASE TRANSFERRED IN from District of Missouri Western; Case Number 4:23-cv-00460. Electronic file certified copy of transfer order and docket sheet received. (mls) |
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Filing 45
ORDER TRANSFERRING CASE TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS. Pursuant to 28 U.S.C. 1404(a), this case is transferred to the District of Kansas. Any unresolved issues from Defendants' Motion to Dismiss remain pending for resolution by that Court. Signed on 1/31/24 by Chief District Judge Beth Phillips. (Cordell, Annette) [Transferred from Missouri Western on 2/8/2024.]
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| Filing 44 NOTICE of filing Response to Court's Directive by Christoper D. Hruska re #42 Order,, (Crabb, Michael) [Transferred from Missouri Western on 2/8/2024.] |
| Filing 43 CERTIFICATE OF SERVICE by Christoper D. Hruska Plaintiff's Responses to Defs' First Requests for Production of Documents to Plaintiff filed by Michael T. Crabb on behalf of Plaintiff Christoper D. Hruska.(Crabb, Michael) [Transferred from Missouri Western on 2/8/2024.] |
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Filing 42
ORDER (1) CONCLUDING PERSONAL JURISDICTION OVER POSEIDON VENTURES, LLC IS LACKING AND (2) DIRECTING PLAINTIFF TO INDICATE WHETHER HE OBJECTS TO THE CASE BEING TRANSFERRED TO THE DISTRICT OF KANSAS. The Court concludes it lacks personal jurisdiction over Poseidon Ventures, LLC. The Court will delay taking further action until Plaintiff indicates whether he objects to the case being transferred to the District of Kansas, by 1/30/2024. Signed on 1/2/24 by Chief District Judge Beth Phillips. (Cordell, Annette) [Transferred from Missouri Western on 2/8/2024.]
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| Filing 41 NOTICE of filing Submission of Requested Documents by Walter R. Buchanan, Poseidon Ventures, LLC re 40 Order, (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Davis, Timothy) [Transferred from Missouri Western on 2/8/2024.] |
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Filing 40
ORDER: On or before December 20, 2023, Defendants shall file copies of the assignments described in paragraphs 43-45 of Plaintiff's Amended Complaint, so they may be considered in connection with Defendants' Motion to Dismiss. Signed on 12/15/2023 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Wolfe, Steve) [Transferred from Missouri Western on 2/8/2024.]
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Filing 39
ORDER granting #37 Defendant's Unopposed Motion for Leave to Exceed Page Limit is GRANTED, and Defendant's 17-page Reply, (Doc. 38), is accepted as filed. The Court advises that it does not regularly grant additional pages as a matter of course, and thus going forward the parties and their attorneys should expect to abide by the page limitations set forth in the Local Rules. Signed on 11/13/23 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette) [Transferred from Missouri Western on 2/8/2024.]
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| Filing 38 REPLY SUGGESTIONS to motion re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM And Suggestions in Support (Amended Complaint) filed by Timothy John Davis on behalf of Defendants Walter R. Buchanan, Poseidon Ventures, LLC. (Attachments: #1 Exhibit A)(Related document(s) #24 ) (Davis, Timothy) [Transferred from Missouri Western on 2/8/2024.] |
| Filing 37 MOTION for leave to file excess pages DEFENDANTS UNOPPOSED MOTION FOR LEAVE TO EXCEED PAGE LIMIT filed by Timothy John Davis on behalf of All Defendants. Suggestions in opposition/response due by 11/27/2023 unless otherwise directed by the court. (Davis, Timothy) [Transferred from Missouri Western on 2/8/2024.] |
| Filing 36 CERTIFICATE OF SERVICE by All Defendants Defendants' First Set of Requests for Production filed by Timothy John Davis on behalf of Defendants Walter R. Buchanan, Poseidon Ventures, LLC.(Davis, Timothy) [Transferred from Missouri Western on 2/8/2024.] |
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Filing 35
ORDER granting #34 Unopposed Motion for Extension of Time to File Reply Suggestions. Because the Court is closed on the due date requested by Defendants (11/10/2023), the Reply Suggestions to their Motion to Dismiss Plaintiff's Amended Complaint, (Doc. 24), are now due on or before 11/13/2023. Signed on 11/3/2023 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Guy, Alec) [Transferred from Missouri Western on 2/8/2024.]
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| Filing 34 MOTION for extension of time to file response/reply filed by Timothy John Davis on behalf of All Defendants. Suggestions in opposition/response due by 11/17/2023 unless otherwise directed by the court. (Davis, Timothy) [Transferred from Missouri Western on 2/8/2024.] |
| Filing 33 PROTECTIVE ORDER. The Court enters a Protective Order. Signed on 10/24/23 by Chief District Judge Beth Phillips. (Cordell, Annette) [Transferred from Missouri Western on 2/8/2024.] |
| Filing 32 SUGGESTIONS in opposition re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM And Suggestions in Support (Amended Complaint) filed by Michael T. Crabb on behalf of Plaintiff Christoper D. Hruska. Reply suggestions due by 11/3/2023 unless otherwise directed by the court. (Related document(s) #24 ) (Crabb, Michael) [Transferred from Missouri Western on 2/8/2024.] |
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Filing 31
ORDER granting #30 motion to appear pro hac vice entered by Clerk of Court. Attorney Daniel A. Crowe for Walter R. Buchanan and Poseidon Ventures, LLC allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal) [Transferred from Missouri Western on 2/8/2024.]
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| Filing 30 Motion to allow Daniel A. Crowe to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8673627) filed by Timothy John Davis on behalf of Walter R. Buchanan, Poseidon Ventures, LLC. (Davis, Timothy) [Transferred from Missouri Western on 2/8/2024.] |
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Filing 29
ORDER granting #28 Plaintiff's Unopposed Motion for Leave to Exceed Page Limit for Plaintiff's Suggestions in Opposition to Defendants' Motion to Dismiss (totaling 25 pages), is GRANTED. Signed on 10/16/23 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette) [Transferred from Missouri Western on 2/8/2024.]
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| Filing 28 Consent MOTION for leave to file excess pages filed by Jennifer Helen Salva on behalf of Christoper D. Hruska. Suggestions in opposition/response due by 10/27/2023 unless otherwise directed by the court. (Salva, Jennifer) [Transferred from Missouri Western on 2/8/2024.] |
| Filing 27 Consent MOTION for protective order CONSENT MOTION FOR ENTRY OF AGREED PROTECTIVE ORDER filed by Timothy John Davis on behalf of All Defendants. Suggestions in opposition/response due by 10/23/2023 unless otherwise directed by the court. (Davis, Timothy) [Transferred from Missouri Western on 2/8/2024.] |
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Filing 26
ORDER granting #25 Plaintiff's Unopposed Motion for Extension of Time to respond to Defendants' Motion to Dismiss is GRANTED, up to and including October 20, 2023. Signed on 10/3/23 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette) [Transferred from Missouri Western on 2/8/2024.]
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| Filing 25 Consent MOTION for extension of time to file response/reply as to #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM And Suggestions in Support (Amended Complaint) filed by Michael T. Crabb on behalf of Christoper D. Hruska. Suggestions in opposition/response due by 10/17/2023 unless otherwise directed by the court. (Related document(s) #24 ) (Crabb, Michael) [Transferred from Missouri Western on 2/8/2024.] |
| Filing 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM And Suggestions in Support (Amended Complaint) filed by Timothy John Davis on behalf of Walter R. Buchanan, Poseidon Ventures, LLC. Suggestions in opposition/response due by 10/6/2023 unless otherwise directed by the court. (Attachments: #1 Exhibit A, #2 Exhibit B)(Davis, Timothy) [Transferred from Missouri Western on 2/8/2024.] |
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Filing 23
ORDER granting #22 motion to appear pro hac vice entered by Clerk of Court. Attorney George G. Brell for Walter R. Buchanan and Poseidon Ventures, LLC allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa) [Transferred from Missouri Western on 2/8/2024.]
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| Filing 22 Motion to allow George G. Brell to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8633084) filed by Timothy John Davis on behalf of All Defendants. (Davis, Timothy) (Main Document 22 replaced on 9/20/2023 to reflect flattened document) (Warren, Melissa). [Transferred from Missouri Western on 2/8/2024.] |
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Filing 21
ORDER finding moot Defendants' Motion to Dismiss Complaint (Doc. #11 ), due to Plaintiff filing an Amended Complaint (Doc. 17). Signed on 9/14/23 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette) [Transferred from Missouri Western on 2/8/2024.]
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| Filing 20 CERTIFICATE OF SERVICE by Christoper D. Hruska filed by Michael T. Crabb on behalf of Plaintiff Christoper D. Hruska.(Crabb, Michael) [Transferred from Missouri Western on 2/8/2024.] |
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Filing 19
SCHEDULING ORDER: Discovery due by 7/26/2024. Dispositive Motions due by 8/30/2024. Telephone Conference set for 1/3/2025 09:30 AM. Pretrial Conference set for 1/17/2025 09:30 AM Courtroom 7A, Kansas City (BP) before Chief District Judge Beth Phillips. Jury Trial set for 1/27/2025 08:30 AM in Courtroom 7A, Kansas City (BP) before Chief District Judge Beth Phillips. Signed on 9/13/23 by Chief District Judge Beth Phillips. (Cordell, Annette) [Transferred from Missouri Western on 2/8/2024.]
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| Filing 18 Joint PROPOSED SCHEDULING ORDER by Christoper D. Hruska. (Crabb, Michael) [Transferred from Missouri Western on 2/8/2024.] |
| NOTICE of filing: Mediation and Assessment Program Reminder: Your post-mediation status report is due within 10 calendar days after the mediation. See MAP FAQs on Court's website for specifics and submit report(s) to: map@mow.uscourts.gov. (ADI, MAP) [Transferred from Missouri Western on 2/8/2024.] |
| Filing 17 AMENDED COMPLAINT against All Defendants filed by Michael T. Crabb on behalf of Christoper D. Hruska.(Crabb, Michael) [Transferred from Missouri Western on 2/8/2024.] |
| Filing 16 DESIGNATION OF MEDIATOR naming Tom Bender(Crabb, Michael) [Transferred from Missouri Western on 2/8/2024.] |
| Filing 15 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Michael T. Crabb on behalf of Plaintiff Christoper D. Hruska.(Crabb, Michael) [Transferred from Missouri Western on 2/8/2024.] |
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Filing 14
ORDER granting #13 Plaintiff's Consent Motion to Extend Time to Respond to Defendants' Motion to Dismiss (Doc. 11) is GRANTED, up to and including September 15, 2023. Signed on 8/30/23 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette) [Transferred from Missouri Western on 2/8/2024.]
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| Filing 13 Consent MOTION for extension of time to file response/reply as to #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Suggestions in Support filed by Michael T. Crabb on behalf of Christoper D. Hruska. Suggestions in opposition/response due by 9/12/2023 unless otherwise directed by the court. (Related document(s) #11 ) (Crabb, Michael) [Transferred from Missouri Western on 2/8/2024.] |
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Filing 12
ORDER granting #10 Defendants' Unopposed Motion for Leave to Exceed Page Limit is GRANTED. Signed on 8/18/23 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette) [Transferred from Missouri Western on 2/8/2024.]
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| Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Suggestions in Support filed by Timothy John Davis on behalf of Walter R. Buchanan, Poseidon Ventures, LLC. Suggestions in opposition/response due by 9/1/2023 unless otherwise directed by the court. (Attachments: #1 Exhibit A, #2 Exhibit B)(Davis, Timothy) [Transferred from Missouri Western on 2/8/2024.] |
| Filing 10 MOTION for leave to file excess pages UNOPPOSED filed by Timothy John Davis on behalf of All Defendants. Suggestions in opposition/response due by 8/31/2023 unless otherwise directed by the court. (Davis, Timothy) [Transferred from Missouri Western on 2/8/2024.] |
| NOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP) [Transferred from Missouri Western on 2/8/2024.] |
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Filing 9
ORDER. RULE 16 NOTICE. Proposed scheduling order due by 9/13/2023. Rule 26 conference due by 8/30/2023. Signed on 7/28/23 by Chief District Judge Beth Phillips. (Cordell, Annette) [Transferred from Missouri Western on 2/8/2024.]
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Filing 8
ORDER granting #7 Defendants' Unopposed Motion for Extension of Time to Respond to Complaint is GRANTED. Defendants shall file a responsive pleading no later than August 18, 2023. Signed on 7/26/23 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette) [Transferred from Missouri Western on 2/8/2024.]
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| Filing 7 MOTION for extension of time to file answer re #1 Complaint, UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT filed by Timothy John Davis on behalf of Walter R. Buchanan, Poseidon Ventures, LLC. Suggestions in opposition/response due by 8/8/2023 unless otherwise directed by the court. (Related document(s) #1 ) (Davis, Timothy) [Transferred from Missouri Western on 2/8/2024.] |
| Filing 6 NOTICE of appearance by Timothy John Davis on behalf of Walter R. Buchanan, Poseidon Ventures, LLC (Attorney Timothy John Davis added to party Walter R. Buchanan(pty:dft), Attorney Timothy John Davis added to party Poseidon Ventures, LLC(pty:dft))(Davis, Timothy) [Transferred from Missouri Western on 2/8/2024.] |
| Filing 5 RETURN OF SERVICE of complaint executed by Christoper D. Hruska. Poseidon Ventures, LLC served on 7/7/2023, answer due 7/28/2023. (Crabb, Michael) [Transferred from Missouri Western on 2/8/2024.] |
| Filing 4 RETURN OF SERVICE of complaint executed by Christoper D. Hruska. Walter R. Buchanan served on 7/7/2023, answer due 7/28/2023. (Crabb, Michael) [Transferred from Missouri Western on 2/8/2024.] |
| Filing 3 Report on the filing of an action regarding patent number(s) 9,120,073, 9,287,800, 9,394,189, 9,906,118, 10,187,968, 10,046,300, 10,010,854, 10,882,021, 11,452,982, 2021/0178355 (pending). Plaintiff(s): Christoper D. Hruska Lead Attorney for Plaintiff(s): Michael T. Crabb Kuckelman Torline Kirkland 10740 Nall Avenue Suite 250 Overland Park, KS 66211 (913) 951-5651 Fax: (913) 948-8611 Email: mcrabb@ktk-law.com Defendant(s): Walter R. Buchanan and Poseidon Ventures, LLC The civil complaint is attached. (Attachments: #1 Page 2) (Woods, Gloria) (Additional attachment(s) added on 7/5/2023: #2 Complaint) (Woods, Gloria). [Transferred from Missouri Western on 2/8/2024.] |
| SUMMONS ISSUED as to Walter R. Buchanan, Poseidon Ventures, LLC. (Woods, Gloria) [Transferred from Missouri Western on 2/8/2024.] |
| Filing 2 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Crocker, Susan) [Transferred from Missouri Western on 2/8/2024.] |
| Filing 1 COMPLAINT against All Defendants filed by Michael T. Crabb on behalf of Christoper D. Hruska. Filing fee $402, receipt number AMOWDC-8520655. Service due by 9/28/2023 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet)(Crabb, Michael) [Transferred from Missouri Western on 2/8/2024.] |
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