Lite-Netics, LLC v. Nu Tsai Capital LLC
| Lite-Netics, LLC |
| Nu Tsai Capital LLC d/b/a Holiday Bright Lights and Nu Tsai Capital LLC doing business as Holiday Bright Lights |
| 8:2022cv00314 |
| August 31, 2022 |
| US District Court for the District of Nebraska |
| Brian C Buescher |
| Cheryl R Zwart |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Both |
Docket Report
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This docket was last retrieved on February 22, 2024. A more recent docket listing may be available from PACER.
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Filing 43
MEMORANDUM AND ORDER REGARDING DEFENDANT/COUNTERCLAIMANT'S MOTION FOR PRELIMINARY INJUNCTION AND PRELIMINARY INJUNCTION- HBL's September 30, 2022, Motion for Preliminary Injunction, Filing #12 , is granted on the terms and conditions set out in the attached Preliminary Injunction. Ordered by Judge Brian C. Buescher. (MKR)
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Filing 42
EXHIBIT LIST from hearing held on October 24, 2022 regarding Minutes, Filing. 41 . (TJM)
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Filing 41
TEXT MINUTE ENTRY for proceedings held before Judge Brian C. Buescher Motion Hearing held on 10/24/2022 regarding MOTION for Preliminary Injunction. Evidence and argument by both parties. Motion taken under advisement. Written order forthcoming. Hearing held in Omaha. Courtroom Deputy: Tracy McKibben; Rogene Schroder, Reporter: ; Appearance for Plaintiff: Vincent Allen: Appearance for Defendant: Robert Greenspoon, Brian T. McKernian, Luke C. Holst. Time Start: 2:33 p.m.; Time Stop: 3:50 p.m.; Time in Court: 1 hour 17 minutes. (TJM)
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Filing 40
BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #39 by Attorney Vincent J. Allen on behalf of Counter Defendant Lite-Netics, LLC, Plaintiff Lite-Netics, LLC.(Allen, Vincent)
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Filing 39
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Vincent J. Allen on behalf of Counter Defendant Lite-Netics, LLC, Plaintiff Lite-Netics, LLC.(Allen, Vincent)
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Filing 38
REPLY BRIEF in opposition to MOTION for Preliminary Injunction 25 by Attorney Vincent J. Allen on behalf of Counter Defendant Lite-Netics, LLC, Plaintiff Lite-Netics, LLC.(Allen, Vincent)
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Filing 37
REPLY BRIEF in support of MOTION for Preliminary Injunction 25 by Attorney Brian T. McKernan on behalf of Counter Claimant Nu Tsai Capital LLC.(McKernan, Brian)
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Filing 36
ORDER- HBL's September 30, 2022, Motion to Dismiss, Filing #8 , is denied as moot and without prejudice to the filing of a pre-answer motion directed at the First Amended Complaint. Ordered by Judge Brian C. Buescher. (MKR)
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Filing 35
INDEX in support of MOTION for Preliminary Injunction 25 Index of Evidence in Support of Supplemental Brief in Support of Preliminary Injunction by Attorney Brian T. McKernan on behalf of Defendant Nu Tsai Capital LLC, Counter Claimant Nu Tsai Capital LLC. (Attachments: #1 Exhibit 1)(McKernan, Brian)
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Filing 34
BRIEF in support of MOTION for Preliminary Injunction 25 Supplemental Brief in Support of Preliminary Injunction by Attorney Brian T. McKernan on behalf of Defendant Nu Tsai Capital LLC, Counter Claimant Nu Tsai Capital LLC.(McKernan, Brian)
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Filing 33
INDEX in support of Brief #32 by Attorney Vincent J. Allen on behalf of Counter Defendant Lite-Netics, LLC, Plaintiff Lite-Netics, LLC. (Attachments: #1 Exhibit Ex. A - Second Declaration of Shawn Genenbacher, #2 Exhibit Ex. A-1 US5388802 - Dougan, #3 Exhibit Ex. A-2 US5788362 - Chou, #4 Exhibit Ex. A-3 US5873651 - Hofer, #5 Exhibit Ex. A-4 US20060138293A1 - Clement)(Allen, Vincent)
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Filing 32
BRIEF in opposition to MOTION for Preliminary Injunction 25 by Attorney Vincent J. Allen on behalf of Counter Defendant Lite-Netics, LLC, Plaintiff Lite-Netics, LLC.(Allen, Vincent)
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Filing 31
AMENDED COMPLAINT with with jury demand against Defendant Nu Tsai Capital LLC, by Attorney Vincent J. Allen on behalf of Lite-Netics, LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Allen, Vincent)
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Filing 30
ORDER RESETTING HEARING - The parties' Joint Consent Motion/Stipulation to Move Preliminary Injunction Hearing Date and Extend TRO, Filing #29 , is granted as follows: The hearing on Defendants Motion for Preliminary Injunction, Filing #12 , is rescheduled for Monday, October 24, 2022, at 2:30 p.m. CDT; Any additional evidence to be considered, along with any additional briefing, if needed, must be filed by 5:00 p.m. CDT on October 17, 2022; Any reply briefs to the October 17, 2022, filings are limited to five (5) pages and must be filed by 5:00 p.m. CDT on October 20, 2022; Any request for live witnesses shall be made no later than October 16, 2022, at 5:00 p.m. CDT, stating why live witnesses are necessary and why affidavit evidence is not sufficient; The forty-five minute limit set out in Filing #27 shall remain in effect for the hearing; and The Court's Order Setting Hearing on Motion for Preliminary Injunction will remain in effect in all other respects. IT IS FURTHER ORDERED that the Temporary Restraining Order, Filing #26 , shall remain in effect for at least a portion of a second 14-day period, such that it will expire automatically at the conclusion of the reset October 24, 2022, hearing, unless otherwise extended on the record during the hearing of the matter, or addressed by Order of the Court. Ordered by Judge Brian C. Buescher. (MKR)
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Filing 29
MOTION Joint Motion to Reset Preliminary Injunction Hearing Date and Extend TRO (Consented) by Attorney Robert Greenspoon on behalf of Defendant Nu Tsai Capital LLC, Counter Claimant Nu Tsai Capital LLC.(Greenspoon, Robert)
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Filing 28
TEXT RECEIPT FOR BOND in the amount of $ 1,000.00, receipt number 8064962, paid by McGrath North Law Firm, 1601 Dodge Street Suite 3700, First National Tower Omaha, NE 68102-1627, regarding Order on Motion for TRO #26 . (ADB)
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Filing 27
ORDER - A hearing on Defendant's Motion for Preliminary Injunction #12 is scheduled for Monday, October 17, 2022, at 2:30 p.m. The Court intends for this matter to be decided upon sworn affidavits or declarations. Any evidence already filed on the Motion for TRO does not need to be refiled for the hearing on the Motion for Preliminary Injunction. The Court will consider all affidavits and evidence already filed in resolving the Motion for Preliminary Injunction. Each party will have no more than 45 minutes to present evidence or make argument. Any request for oral testimony must be filed by 5:00 p.m. on October 12, 2022, complete with justification as to why affidavit or declaration evidence will not be sufficient. Any additional evidence to be considered, along with any additional briefing, if needed, must be filed by 5:00 p.m. CDT on October 13, 2022. Any reply briefs to such filings are limited to five (5) pages and must be filed by 10:00 a.m. on October 17, 2022. The parties may agree to delay this hearing, and if they notify the Court of such agreement, the Court will set new deadlines. Ordered by Judge Brian C. Buescher. (MKR)
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Filing 26
MEMORANDUM AND ORDER REGARDING DEFENDANT/COUNTERCLAIMANT'S MOTION FOR TEMPORARY RESTRAINING ORDER AND TEMPORARY RESTRAINING ORDER - HBL's September 30, 2022, Motion for Temporary Restraining Order, Filing #12 , is granted on the terms and conditions set out in the attached Temporary Restraining Order. A hearing on HBL's Motion for Preliminary Injunction, Filing #12 , will be set by separate order. Ordered by Judge Brian C. Buescher. (MKR)
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Filing 25
PART 2 OF 2- of #12 MOTION for Preliminary Injunction and request for Oral Argument and Evidentiary Hearing by Attorney Brian T. McKernan on behalf of Defendant Nu Tsai Capital LLC and Counter Claimant Nu Tsai Capital LLC.(MKR)
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Filing 24
ORDER - This case is before the Court on Lite-Netics's October 7, 2022, Motion for Leave to File Sur-reply Brief to Nu Tsais Motion for Temporary Restraining Order and Preliminary Injunction. Filing #23 . The Motion is denied. Ordered by Judge Brian C. Buescher. (MKR)
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Filing 23
MOTION for Leave to file Sur-Reply to Nu Tsai's Motion for TRO and Preliminary Injunction by Attorney Jorge Miguel Hernandez on behalf of Counter Defendant Lite-Netics, LLC, Plaintiff Lite-Netics, LLC. (Attachments: #1 Exhibit A - Sur-Reply)(Hernandez, Jorge)
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Filing 22
REPLY BRIEF MOTION for Temporary Restraining Order and Preliminary Injunction - Request for Oral Argument and Evidentiary Hearing #12 by Attorney Robert Greenspoon on behalf of Counter Claimant Nu Tsai Capital LLC.(Greenspoon, Robert)
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Filing 21
INDEX in support of Brief, #20 by Attorney Vincent J. Allen on behalf of Counter Defendant Lite-Netics, LLC, Plaintiff Lite-Netics, LLC. (Attachments: #1 Exhibit)(Allen, Vincent)
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Filing 20
BRIEF in opposition to MOTION for Temporary Restraining Order and Preliminary Injunction - Request for Oral Argument and Evidentiary Hearing #12 by Attorney Vincent J. Allen on behalf of Counter Defendant Lite-Netics, LLC, Plaintiff Lite-Netics, LLC.(Allen, Vincent)
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Filing 19
ORDER - The plaintiff/counter-defendant Lite-Netics, LLC, shall have to and including 5:00 p.m. on Wednesday, October 5, 2022, to file a brief in opposition and any index of supporting evidence and affidavits in response to defendant/counterclaimant HBL's September 30, 2022, Motion for Temporary Restraining Order, Filing #12 . The Court believes that the Motion for Temporary Restraining Order can be addressed through written submissions and evidence; if either party believes an evidentiary hearing is necessary, that party must file such request and state with specificity why an evidentiary hearing is necessary. Ordered by Judge Brian C. Buescher. (MKR)
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Filing 18
TEXT ORDER granting Motion for Admission Pro Hac Vice #17 for attorney William W. Flachsbart. Ordered by Deputy Clerk. (LKO)
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Filing 17
MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4724042 by Attorney William W. Flachsbart on behalf of Defendant Nu Tsai Capital LLC, Counter Claimant Nu Tsai Capital LLC.(Flachsbart, William)
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Filing 16
TEXT ORDER granting Motion for Admission Pro Hac Vice #15 for attorney Robert P. Greenspoon. Ordered by Deputy Clerk. (LKO)
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Filing 15
MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4723615 by Attorney Robert Greenspoon on behalf of Defendant Nu Tsai Capital LLC, Counter Claimant Nu Tsai Capital LLC.(Greenspoon, Robert)
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Filing 14
INDEX in support of MOTION for Temporary Restraining Order and Preliminary Injunction - Request for Oral Argument and Evidentiary Hearing #12 by Attorney Brian T. McKernan on behalf of Defendant Nu Tsai Capital LLC, Counter Claimant Nu Tsai Capital LLC. (Attachments: #1 Exhibit 1)(McKernan, Brian)
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Filing 13
BRIEF in support of MOTION for Temporary Restraining Order and Preliminary Injunction - Request for Oral Argument and Evidentiary Hearing #12 by Attorney Brian T. McKernan on behalf of Defendant Nu Tsai Capital LLC, Counter Claimant Nu Tsai Capital LLC.(McKernan, Brian)
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Filing 12
MOTION for Temporary Restraining Order by Attorney Brian T. McKernan on behalf of Defendant Nu Tsai Capital LLC, Counter Claimant Nu Tsai Capital LLC. PART 1 OF 2 (McKernan, Brian) Modified on 10/7/2022 to reflect 2 part motion (MKR).
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Filing 11
COUNTERCLAIM with jury demand against Lite-Netics, LLC, by Attorney Brian T. McKernan on behalf of Nu Tsai Capital LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(McKernan, Brian)
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Filing 10
INDEX in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #8 by Attorney Brian T. McKernan on behalf of Defendant Nu Tsai Capital LLC. (Attachments: #1 Exhibit 1 - Declaration of Robert Greenspoon, #2 Exhibit 1.a, #3 Exhibit 1.b, #4 Exhibit 1.c)(McKernan, Brian)
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Filing 9
BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #8 by Attorney Brian T. McKernan on behalf of Defendant Nu Tsai Capital LLC.(McKernan, Brian)
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Filing 8
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Brian T. McKernan on behalf of Defendant Nu Tsai Capital LLC.(McKernan, Brian)
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Filing 7
SUMMONS Returned Executed upon defendant Nu Tsai Capital LLC on 9/9/2022. (Allen, Vincent)
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Filing 6
Summons Issued as to defendant Nu Tsai Capital LLC. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (JES)
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Filing 5
REPORT on the filing of an action regarding Patent. Complaint filed on 8/31/22. Notification sent to the U.S. Patent Office. (Attachments: #1 Complaint) ( #1 Complaint) (JES)
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Filing 4
TEXT NOTICE OF JUDGES ASSIGNED: Judge Brian C. Buescher and Magistrate Judge Cheryl R. Zwart assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (JES)
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Filing 3
CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Vincent J. Allen on behalf of Plaintiff Lite-Netics, LLC.(Allen, Vincent)
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Filing 2
Summons Requested as to Nu Tsai Capital LLC d/b/a Holiday Bright Lights regarding Complaint, #1 . (Allen, Vincent)
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Filing 1
COMPLAINT with jury demand against Nu Tsai Capital LLC d/b/a Holiday Bright Lights ( Filing fee $ 402, receipt number ANEDC-4703467), by Attorney Vincent J. Allen on behalf of Lite-Netics, LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet)(Allen, Vincent)
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