Supersonic Drying Technologies, B.V. et al v. Impact Emerging Technologies, LLC et al
| Arie C Bos, Supersonic Drying Technologies, BV, Supersonic Drying Technologies, B.V. and Arie Bos |
| Impact Emerging Technologies, LLC (IET), James Eugene Sablich, Jr., Andrew A Orso, Michael W Lesso, Rudolph A Lesso, Thomas Barnett, Peter M Brocklesby and Impact Emerging Technologies, LLC |
| 1:2023cv00322 |
| November 17, 2023 |
| US District Court for the Southern District of Mississippi |
| Halil S Ozerden |
| Bradley W Rath |
| Other Fraud |
| 15 U.S.C. § 1126 Patent Infringement |
| Plaintiff |
Docket Report
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TEXT ONLY ORDER granting Motion #37 to Withdraw. Attorney Onyinyechukwu Koplan Nwabuoku is terminated as counsel for Defendants. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 12/20/2023 (rjc)
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| Filing 37 MOTION to Withdraw as Attorney O. Koplan Nwabuoku by Thomas Barnett, Impact Emerging Technologies, LLC, Michael W Lesso, Rudolph A Lesso, Andrew A Orso, James Eugene Sablich, Jr. (Whitehead, Michael) |
| Filing 36 Second Letter sent to Attorneys Anthony M. Montemurro and Onyinyechukwu Koplan Nwabuoku on 12/18/23 requesting PHV motion, proposed order and fee. (RLW) |
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TEXT ONLY ORDER granting #34 Motion to Appear Pro Hac Vice; granting #35 Motion to Appear Pro Hac Vice. That Attorneys Dawn M. Johnson and Kara E. F. Cenar be admitted pro hac vice in this case on behalf of Defendants Thomas Barnett, Impact Emerging Technologies, LLC (IET), Michael W Lesso, Rudolph A Lesso, Andrew A Orso, James Eugene Sablich, Jr. in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 12/15/2023 (AB)
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| Filing 35 MOTION for Kara E. F. Cenar to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5290984) by Thomas Barnett, Impact Emerging Technologies, LLC (IET), Michael W Lesso, Rudolph A Lesso, Andrew A Orso, James Eugene Sablich, Jr. (Attachments: #1 Attachment Certificate of Good Standing for Kara E.F. Cenar)(Whitehead, Michael) |
| Filing 34 MOTION for Dawn M. Johnson to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5290968) by Thomas Barnett, Impact Emerging Technologies, LLC (IET), Michael W Lesso, Rudolph A Lesso, Andrew A Orso, James Eugene Sablich, Jr. (Attachments: #1 Attachment Certificate of Good Standing for Dawn M. Johnson)(Whitehead, Michael) |
| Filing 33 Corporate Disclosure Statement by Impact Emerging Technologies, LLC (IET) (Whitehead, Michael) |
| Filing 32 NOTICE of Appearance by Michael Edward Whitehead on behalf of Thomas Barnett, Impact Emerging Technologies, LLC (IET), Michael W Lesso, Rudolph A Lesso, Andrew A Orso, James Eugene Sablich, Jr. (Whitehead, Michael) |
| DOCKET ANNOTATION as to parties in this case: When this case was originally filed in the Northern District of Illinois, the Plaintiff Arie Bos was added with a middle initial, which is not listed on the complaint. The Plaintiff's were also listed out of order. Clerk's Office has corrected the docket to match the complaint. All future filings should match the docket. (JCH) |
| Filing 31 Letter sent to Kara Eve Foster Cenar, Dawn Ann Morville Johnson, Anthony M. Montemurro, and Onyinyechukwu Koplan Nwabuoku on November 17, 2023 requesting PHV motion, proposed order and fee. (PKS) |
| Filing 30 NOTICE OF MAILING of Report on the Filing or Determination of an Action Regarding a Patent or Trademark re #1 Complaint. (PKS) |
| Filing 29 Case transferred in from District of Illinois Northern; Case Number 1:23-cv-02699. Original file certified copy of transfer order and docket sheet received. |
| Filing 28 TRANSFERRED to the Southern District of Mississippi the electronic record. (ph, ) [Transferred from Illinois Northern on 11/17/2023.] |
| Mailed #30 Notice to Director of the U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450. (PKS) |
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Filing 27
ORDER: In-person motion hearing held on 11/15/2023. Defendants' Counsel appeared in courtroom 2125. Plaintiffs' Counsel appeared via telephone. For the reasons stated on the record, and without objection from any party: (1) Defendants' motion to dismiss #10 is granted in part as to defective venue; (2) Defendants' motion for sanctions #18 is held in abeyance; and (3) Plaintiffs' motion to voluntarily dismiss #22 is dismissed at Plaintiff's request. In the interest of justice, the Court directs the Clerk forthwith to transfer this case under 28 U.S.C. 1406(a) to the United States District Court for the Southern District of Mississippi and to terminate the case on the docket of the Northern District of Illinois. Signed by the Honorable John F. Kness on November 15, 2023. Mailed notice (ph, ) [Transferred from Illinois Northern on 11/17/2023.]
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| Filing 26 MINUTE entry before the Honorable John F. Kness: Motion by counsel for leave to appear telephonically #25 is granted. Counsel for Plaintiffs is to use the following call-in number: 8886848852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (ef, ) [Transferred from Illinois Northern on 11/17/2023.] |
| Filing 25 for hearing scheduled November 15, 2023 MOTION by Plaintiffs Arie C Bos, Supersonic Drying Technologies, BV for leave to appear as Telephonically for hearing scheduled November 15, 2023 (Montemurro, Anthony) [Transferred from Illinois Northern on 11/17/2023.] |
| Filing 24 MINUTE entry before the Honorable John F. Kness: An in-person motion hearing on the pending motion to dismiss #22 is set for 11/15/2023 at 10:00 AM. Counsel are directed to appear in-person on 11/15/2023. Mailed notice (ef, ) [Transferred from Illinois Northern on 11/17/2023.] |
| Filing 23 IET DEFENDANTS' STATEMENT REGARDING PLAINTIFFS' MOTION TO DISMISS STATEMENT by Thomas Barnett, Impact Emerging Technologies, LLC (IET), Michael W Lesso, Rudolph A Lesso, Andrew A Orso, James Eugene Sablich, Jr. (Attachments: #1 Exhibit 1)(Cenar, Kara) [Transferred from Illinois Northern on 11/17/2023.] |
| Filing 22 MOTION by Plaintiffs Supersonic Drying Technologies, BV, Arie C Bos to dismiss the Complaint (Montemurro, Anthony) [Transferred from Illinois Northern on 11/17/2023.] |
| Filing 21 RESPONSE by Arie C Bos, Supersonic Drying Technologies, BV to MOTION by Defendants Michael W Lesso, Impact Emerging Technologies, LLC (IET), Rudolph A Lesso, Thomas Barnett, James Eugene Sablich, Jr., Andrew A Orso to dismiss IET Defendants' Motion to Dismiss Plaintiffs' Complaint #10 (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex 2.)(Montemurro, Anthony) [Transferred from Illinois Northern on 11/17/2023.] |
| Filing 20 MINUTE entry before the Honorable John F. Kness: The Court adopts the parties' proposed briefing schedule on Defendants' motion for sanctions #18 : Plaintiffs must respond on or before 11/1/2023 and Defendants must reply on or before 11/22/2023. Mailed notice (ef, ) [Transferred from Illinois Northern on 11/17/2023.] |
| Filing 19 On Motion for Sanctions Briefing STATEMENT by Thomas Barnett, Impact Emerging Technologies, LLC (IET), Michael W Lesso, Rudolph A Lesso, Andrew A Orso, James Eugene Sablich, Jr. (Cenar, Kara) [Transferred from Illinois Northern on 11/17/2023.] |
| Filing 18 MOTION by Defendants Thomas Barnett, Impact Emerging Technologies, LLC (IET), Michael W Lesso, Rudolph A Lesso, Andrew A Orso, James Eugene Sablich, Jr. for sanctions (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Cenar, Kara) [Transferred from Illinois Northern on 11/17/2023.] |
| Filing 17 MINUTE entry before the Honorable John F. Kness: The Court adopts the parties' proposed briefing schedule on Defendants' motion to dismiss #10 : Plaintiffs shall file a response by 10/25/2023, and Defendants, if they choose to file a reply, shall do so by 11/22/2023. Considering the pending motion to dismiss, the hearing set for 10/04/2023 is stricken and reset for 11/29/2023 at 09:00 AM. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (ef, ) [Transferred from Illinois Northern on 11/17/2023.] |
| Filing 16 STATUS Report Joint Status Report Under Rule 26(F) by Thomas Barnett, Impact Emerging Technologies, LLC (IET), Michael W Lesso, Rudolph A Lesso, Andrew A Orso, James Eugene Sablich, Jr. (Attachments: #1 Exhibit A)(Cenar, Kara) [Transferred from Illinois Northern on 11/17/2023.] |
| Filing 15 MINUTE entry before the Honorable John F. Kness: For the reasons provided, Plaintiff's motion #13 to continue is granted. This case is stayed until 9/15/2023. The briefing schedule #12 on Defendants' motion to dismiss is stricken and will be reset by separate order. The status hearing set for 7/20/2023 is stricken and reset to 10/4/2023 at 9:30 a.m. One week before the status hearing, the parties shall jointly complete and file on the docket a report that provides the information required by the Court's model Joint Initial Status Report, which can be found at https://www.ilnd.uscourts.gov/judge-info.aspx?Iu9/vqz23r5X7AkWx/nLtg== (see link entitled "Joint Initial Status Report"). The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice. (kl, ) [Transferred from Illinois Northern on 11/17/2023.] |
| Filing 14 STATUS Report Under Rule 26(f) by Thomas Barnett, Impact Emerging Technologies, LLC (IET), Michael W Lesso, Rudolph A Lesso, Andrew A Orso, James Eugene Sablich, Jr. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Cenar, Kara) [Transferred from Illinois Northern on 11/17/2023.] |
| Filing 13 MOTION by Plaintiffs Arie C Bos, Supersonic Drying Technologies, BV to continue Motion to Continue (Montemurro, Anthony) [Transferred from Illinois Northern on 11/17/2023.] |
| Filing 12 MINUTE entry before the Honorable John F. Kness: Before the Court is the motion to dismiss #10 of Defendants Michael W Lesso, Impact Emerging Technologies, LLC (IET), Rudolph A Lesso, Thomas Barnett, James Eugene Sablich, Jr., and Andrew A Orso. As is reflected in the Court's standing order on motions to dismiss, the parties are advised that, when a motion to dismiss is filed, the nonmoving party has a right to amend its pleading once within 21 days. Fed. R. Civ. P. 15(a)(1)(B). Consistent with the purpose of the Federal Rules of Civil Procedure "to secure the just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, Plaintiffs are directed to review Defendants' motion to dismiss and to consider exercising, as appropriate, Plaintiffs' right to amend under Rule 15(a)(1)(B). If Plaintiffs elects to amend its pleading in response to the motion to dismiss, then Defendants (unless otherwise ordered) must, within 21 days of the amended pleading, file either an answer or a renewed motion to dismiss. If Plaintiffs elects not to amend but instead chooses to litigate the motion to dismiss, Plaintiffs (unless ordered otherwise) must file its response within 28 days of the filing of the motion, and Defendants must file its reply within 14 days of the filing of the response. In its response, Plaintiffs must also address whether any alleged deficiencies identified by the motion to dismiss are curable by amendment. Mailed notice (ef, ) [Transferred from Illinois Northern on 11/17/2023.] |
| Filing 11 ATTORNEY Appearance for Defendants Thomas Barnett, Impact Emerging Technologies, LLC (IET), Michael W Lesso, Rudolph A Lesso, Andrew A Orso, James Eugene Sablich, Jr. by Onyinyechukwu Koplan Nwabuoku (Nwabuoku, Onyinyechukwu) [Transferred from Illinois Northern on 11/17/2023.] |
| Filing 10 MOTION by Defendants Michael W Lesso, Impact Emerging Technologies, LLC (IET), Rudolph A Lesso, Thomas Barnett, James Eugene Sablich, Jr., Andrew A Orso to dismiss IET Defendants' Motion to Dismiss Plaintiffs' Complaint (Attachments: #1 Exhibit Exhibits 1 & 2)(Cenar, Kara) [Transferred from Illinois Northern on 11/17/2023.] |
| Filing 9 MINUTE entry before the Honorable John F. Kness: Defendants' Agreed Motion for extension of time to answer #6 is granted. Defendants must answer or otherwise plead to Plaintiff complaint on or before 7/10/2023. Joint Initial Status Report must be filed on or before 7/14/2023. Telephonic initial status hearing set for 7/6/2023 is stricken and reset for 7/20/2023 at 09:00 AM. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (ef, ) [Transferred from Illinois Northern on 11/17/2023.] |
| Filing 8 ATTORNEY Appearance for Defendants Thomas Barnett, Impact Emerging Technologies, LLC (IET), Michael W Lesso, Rudolph A Lesso, Andrew A Orso, James Eugene Sablich, Jr. by Dawn Ann Morville Johnson (Johnson, Dawn) [Transferred from Illinois Northern on 11/17/2023.] |
| Filing 7 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Thomas Barnett, Impact Emerging Technologies, LLC (IET), Michael W Lesso, Rudolph A Lesso, Andrew A Orso, James Eugene Sablich, Jr. (Cenar, Kara) [Transferred from Illinois Northern on 11/17/2023.] |
| Filing 6 MOTION by Defendants Thomas Barnett, Impact Emerging Technologies, LLC (IET), Michael W Lesso, Rudolph A Lesso, Andrew A Orso, James Eugene Sablich, Jr. for extension of time Agreed and Unopposed Motion for Extension of Time to Answer or Otherwise Plead to Plaintiff's Complaint (Cenar, Kara) [Transferred from Illinois Northern on 11/17/2023.] |
| Filing 5 ATTORNEY Appearance for Defendants Thomas Barnett, Impact Emerging Technologies, LLC (IET), Michael W Lesso, Rudolph A Lesso, Andrew A Orso, James Eugene Sablich, Jr. by Kara Eve Foster Cenar (Cenar, Kara) [Transferred from Illinois Northern on 11/17/2023.] |
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Filing 4
ORDER signed by the Honorable John F. Kness on 5/9/2023: Telephonic initial status hearing is set for 7/6/2023 at 9:30 AM. Consistent with Rule 26(f) of the Federal Rules of Civil Procedure, the parties are directed to meet and conduct a planning conference in advance of the initial status hearing. No later than ten days before the status hearing, the parties shall jointly complete and file on the docket a report that provides the information required by the Court's model Joint Initial Status Report, which can be found at https://www.ilnd.uscourts.gov/judge-info.aspx?Iu9/vqz23r5X7AkWx/nLtg== (see link entitled "Joint Initial Status Report"). If all Defendants have not yet been served or have not yet responded to requests to draft the required Joint Initial Status Report, Plaintiff must file the report on its own and must inform the Court of that circumstance. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice(ef, ) [Transferred from Illinois Northern on 11/17/2023.]
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| SUMMONS Issued as to Defendants Thomas Barnett, Peter M Brocklesby, Impact Emerging Technologies, LLC (IET), Michael W Lesso, Rudolph A Lesso, Andrew A Orso, James Eugene Sablich, Jr. (smb, ) [Transferred from Illinois Northern on 11/17/2023.] |
| Filing 3 CIVIL Cover Sheet (Attachments: #1 Civil Cover Sheet Attachment to No. VI)(Montemurro, Anthony) [Transferred from Illinois Northern on 11/17/2023.] |
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Filing 2
ORDER: #Local Rule 3.1# requires at the time of filing a case, plaintiff's counsel, or if the case is filed pro se, the plaintiff shall file with the original papers a completed designation sheet (civil cover sheet). No civil cover sheet was submitted at the time of filing this matter. Arie C Bos is directed to file the #Civil Cover Sheet# within 14 days of this notification. Signed by the Executive Committee. (kra, ) [Transferred from Illinois Northern on 11/17/2023.]
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| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (kra, ) [Transferred from Illinois Northern on 11/17/2023.] |
| 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. (kra, ) [Transferred from Illinois Northern on 11/17/2023.] |
| Filing 1 COMPLAINT filed by Arie C Bos; Jury Demand. Filing fee $ 402, receipt number AILNDC-20589140. (Attachments: #1 Exhibit)(Montemurro, Anthony) [Transferred from Illinois Northern on 11/17/2023.] |
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