GST International, Inc. v. Martin et al
| GST International, Inc. |
| Hargett Materials, Inc., Brandon Rapolla, Tom Martin, Knights Consulting & Technical Services, Inc., Leanne Martin and John Hargett |
| 3:2021cv00285 |
| June 25, 2021 |
| US District Court for the District of Nevada |
| Carla Baldwin |
| Miranda M Du |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 6, 2022. A more recent docket listing may be available from PACER.
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| Filing 21 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 8/5/2021. Considering that the Court granted the parties' stipulation, which, in pertinent part, withdrew the motion for preliminary injunction, and that Defendants filed their opposition with the portions they sought to seal redacted (see, e.g., ECF No. #14 at 4-6) the Court also denies the pending motion to seal (ECF No. #15 ) as moot. However, the Court advises Defendants to review LR IA 10-5 before filing any sealed materials going forward in this case, because Defendants' motion to seal did not comply with that rule. (no image attached) (Copies have been distributed pursuant to the NEF - Houston, Thad) |
Filing 20
ORDER granting ECF No. #19 Stipulation. ECF No. #6 Motion for TRO is hereby WITHDRAWN without prejudice. The Hearing scheduled for September 21, 2021 is hereby VACATED. Plaintiff shall have until August 25, 2021 to file and serve its first amended complaint. Defendants shall have until September 18, 2021 to file and serve their answer or other responsive pleading. Signed by Chief Judge Miranda M. Du on 8/5/2021. (Copies have been distributed pursuant to the NEF - SC)
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| Filing 19 STIPULATION FOR EXTENSION OF TIME (Second Request) Regarding First Amended Complaint, Answer, and Withdrawal of Motion for Preliminary Injunction by Defendants John Hargett, Hargett Materials, Inc., Knights Consulting & Technical Services, Inc., Leanne Martin, Tom Martin.. (Pierce, Shannon) |
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Filing 18
ORDER granting ECF No. #17 Stipulation. The hearing on Plaintiff's motion for temporary restraining order and preliminary injunction (ECF No. #6 ) is set for September 21, 2021 at 10:00 AM. Signed by Chief Judge Miranda M. Du on 7/30/2021. (Copies have been distributed pursuant to the NEF - SC)
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| Filing 17 STIPULATION FOR EXTENSION OF TIME (First Request) re #1 Complaint,, #14 Response,, by Defendants John Hargett, Hargett Materials, Inc., Knights Consulting & Technical Services, Inc., Leanne Martin, Tom Martin. (Pierce, Shannon) |
| Filing 16 NOTICE of Appearance by attorney Patrick M. Kealy on behalf of Plaintiff GST International, Inc.. (Kealy, Patrick) |
| Filing 15 MOTION to Seal #14 Response,, by Defendants John Hargett, Hargett Materials, Inc., Knights Consulting & Technical Services, Inc., Leanne Martin, Tom Martin, Brandon Rapolla. (Pierce, Shannon) |
| Filing 14 RESPONSE to #6 Motion for TRO,, by Defendants John Hargett, Hargett Materials, Inc., Knights Consulting & Technical Services, Inc., Leanne Martin, Tom Martin, Brandon Rapolla. Replies due by 7/28/2021. (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, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15) (Pierce, Shannon) |
| Filing 13 NOTICE of Docket Correction to #12 Notice (Other): QC changed entry to reflect summons returned executed. Plaintiff used wrong event. QC made necessary modifications to the docket. No further action required by Plaintiff other then correct using the proper event when filing a summons returned executed. (no image attached) (WJ) |
| Filing 12 SUMMONS returned executed on 7/7/2021 as to Defendants, Hargett Materials, Inc and John Hargett NOTICE of Service by GST International, Inc.. (Attachments: #1 Exhibit 1) (Wells, Shay) Modified on 7/13/2021 changed entry to reflect summons returned. (WJ). |
| Filing 11 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 7/2/2021. Having reviewed Plaintiff's ex parte motion for a temporary restraining order and preliminary injunction (ECF No. #6 (the "Motion")), the Court declines to consider the Motion on an ex parte basis (ECF No. #7 ). Plaintiff's explanation for the ex parte nature of its Motion - that notice to Defendants is futile because of their willful infringement of Plaintiff's intellectual property (ECF No. [7-12] at 2) - does not justify ex parte relief because the same rationale would apply in any case where willful infringement is alleged, and Plaintiff does not specify an imminent event or other emergency that could persuade the Court to temporarily set aside the important principles of notice and due process. See LR IA 7-2(b) ("An ex parte motion or application must articulate the rule that permits ex parte filing and explain why it is filed on an ex parte basis."); see also LR 7-4(c) ("The court may determine whether any matter submitted as an emergency is, in fact, an emergency."). The Court therefore denies Plaintiff's request to consider the Motion ex parte. (no image attached) (Copies have been distributed pursuant to the NEF - Houston, Thad) |
| Filing 10 CERTIFICATE of Interested Parties by GST International, Inc. that identifies all parties that have an interest in the outcome of this case. Other Affiliate Christopher Leach for GST International, Inc. added. (Anderson, Dane) |
| Filing 9 NOTICE: Attorney Action Required to #8 Certificate of Interested Parties. Attorney Dane W. Anderson advised to refile your certificate of interested parties. Page 1 and 2 of document #8 states that there are a parent company and corporate affiliates. The certificate of interested party entry has a clear warning in the entry stating: "Please Note: you must add ALL Corporate Parents and/or Corporate Affiliates to the case. Failing to add all interested parties listed on the certificate will result in a notice from the court." Furthermore, LR 7.1-1 (a), in regards to certificate of interested parties, states in part: "These representations are made to enable judges of the Court to evaluate possible disqualifications or recusal. Therefore it is requested that you properly refile your certificate of interested parties. (no image attached) (WJ) |
| Filing 8 CERTIFICATE of Interested Parties by GST International, Inc.. There are no known interested parties other than those participating in the case (Anderson, Dane) |
| Filing 7 Submission of PROPOSED ORDER on #6 Motion for TRO,, by Plaintiff GST International, Inc.. (Anderson, Dane) |
| Filing 6 MOTION for Temporary Restraining Order by Plaintiff GST International, Inc.. (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, #12 Declaration of Shay L. Wells in Support of Ex Parte Motion for Temporary Restratining Order and Preliminary Injunction, #13 Declaration of James Glessner in Support of Ex Parte Motion for Temporary Restratining Order and Preliminary Injunction) (Anderson, Dane) |
| Filing 5 SUMMONSES ISSUED re ECF No. #1 Complaint - Summons Tom Martin. (Attachments: #1 Summons Brandon Rapolla, #2 Summons Knights Consulting & Technical Services, #3 Summons Leanne Martin, #4 Summons Hargett Materials Inc, #5 Summons John Hargett) (KR) |
| Filing 4 AO 120 - REPORT on the filing or determination of an action regarding a patent or trademark. E-mailed to the US Patent and Trademark Office. (Attachments: #1 Complaint) (KR) |
| Filing 3 STANDING ORDER. This case has been assigned to the Honorable Miranda M. Du. Chief Judge Du's Civil Standing Order is posted on the U.S. District Court, District of Nevada public website and may be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - PAV) |
| Case randomly assigned to Chief Judge Miranda M. Du and Magistrate Judge Carla Baldwin. Nature of Suit: 830/835 Patent Case (WJ) |
| Filing 2 CERTIFICATE of Interested Parties by GST International, Inc.. There are no known interested parties other than those participating in the case (Anderson, Dane) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $402 receipt number 0978-6537010) by GST International, Inc.. Proof of service due by 9/23/2021. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons Tom Martin, #3 Summons Brandon Rapolla, #4 Summons Knights Consulting & Technical Services, #5 Summons Leanne Martin, #6 Summons Hargett Materials, Inc., #7 Summons John Hargett) (Anderson, Dane) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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