SADE v. SEVILLE SOLAR ONE LLC
| ROVSHAN SADE |
| SEVILLE SOLAR ONE LLC and SEVILLE SOLAR TWO LLC |
| 1:2024cv00105 |
| February 12, 2024 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| LORETTA C BIGGS |
| JOE L WEBSTER |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Both |
Docket Report
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This docket was last retrieved on March 25, 2024. A more recent docket listing may be available from PACER.
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Filing 39
ORDER of Reference to a United States Magistrate Judge signed by JUDGE LORETTA C. BIGGS on 03/25/2024 that the above-entitled case is referred to United States Magistrate Judge Joe L. Webster to conduct all proceedings including a jury or nonjury trial, to order the entry of judgment, and to conduct all post-judgment proceedings therein. (al)
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Filing 38
ORDER signed by MAG/JUDGE JOE L. WEBSTER on 03/25/2024, that the Motion (Case No. 1:22-cv-1109, Docket Entry 39; Case No. 1:24-cv105, Docket Entry #36 ; Case No. 1:24-cv-106, Docket Entry 24) is GRANTED to the following extent: that Case No. 1:24-cv-105 and Case No. 1:24-cv-106 shall be consolidated with the prior-pending five cases that have been consolidated under Lead Case No. 1:22-cv-1109-JLW, and shall be managed as follows from entry of the Court's new consolidation Order through the end of the discovery period following claim construction and for purposes of resolving any discovery disputes that remain outstanding at the end of the discovery period: Pleadings and orders shall be filed only in the current Lead case, which is Case No. 1:22-cv-1109-JLW. Each pleading need bear only the case caption of the Lead Case. A single schedule shall control the discovery and claim construction periods in the consolidated cases. Following the close of discovery, the Court will set a further hearing to determine the extent to which, if at all, the cases should be consolidated for post-discovery purposes, including with respect to the filing of dispositive motions and for trial. The Court has reviewed the additional portions of the parties' joint Motion for Partial Consolidation of Cases and Entry of New Case Management Order. To the extent not inconsistent with the provisions of the parties' Joint Motion, the provisions of the Court's prior Case Management Order (Case No. 1:22-cv-01109-JLW, Docket Entry 34) shall control these proceedings.(at)
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| CASE REFERRED RE: Order of Reference to USMJ, to JUDGE LORETTA C. BIGGS (ww) |
| Motion Referred: RE: #36 Joint MOTION to Consolidate Cases. Case to be consolidated with 1:22-cv-01109 and 1:24-cv-00106 ; and for New Case Management Order, to MAG/JUDGE JOE L. WEBSTER (db) |
| Filing 37 JOINT STATUS REPORT filed by all parties.. (OLIVE, SUSAN) |
| Filing 36 Joint MOTION to Consolidate Cases. Case to be consolidated with 1:22-cv-01109 and 1:24-cv-00106 ; and for New Case Management Order by ROVSHAN SADE. Response to Motion due by 4/9/2024 (Attachments: #1 Text of Proposed Order)(OLIVE, SUSAN) |
| Set Deadlines: Status Report due by 3/19/2024. (al) |
| TEXT ORDER: Pursuant to an Order dated February 12, 2024, this matter has been transferred to this district in light of the Parties' Consent and Motion for Transfer of Cases Pursuant to 28 U.S.C. 1404. (Docket Entry 34.) No later than March 19, 2024, the parties shall file a status report in this matter, including the status of discovery and whether the parties seek to consolidate this matter for discovery purposes with the related matters proceeding under the discovery order in the related Lead Case in this district (1:22CV1109). Furthermore, the parties shall note whether they have discussed special procedures for managing this case, including reference of the case to a Magistrate Judge under 28 U.S.C. 636(c), and whether they consent to such. Issued by MAG/JUDGE JOE L. WEBSTER on 3/12/2024. (pl) Modified on 3/12/2024 correct docket text (kg). |
| Case ASSIGNED to JUDGE LORETTA C. BIGGS and MAG/JUDGE JOE L. WEBSTER. (lg) |
| CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (lg) |
| Filing 35 Case transferred in from District of North Carolina Western; Case Number 3:22-cv-00677. Original file certified copy of transfer order and docket sheet received. |
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Filing 34
ORDER granting the Parties' #33 Consent Motion for Transfer of Cases Pursuant to 28 U.S.C. 1404. Case No. 3:22-cv-00677-KDB-DCK and Case No. 3:22-cv-00678-KDB-DCK shall be transferred to the United States District Court for the Middle District of North Carolina. Signed by District Judge Kenneth D. Bell on 2/12/2024. (mek) [Transferred from North Carolina Western on 2/12/2024.]
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| Filing 33 Consent and MOTION for Transfer of Cases Pursuant to 28 U.S.C. 1404 by Rovshan Sade. Responses due by 2/23/2024 (Attachments: #1 Proposed Order) (Olive, Susan). [Transferred from North Carolina Western on 2/12/2024.] |
| Filing 32 *VACATED per Text-Only Order entered 1/30/2024* Patent Claim Construction Scheduling Order. Opening Claim Construction Brief due by 8/26/2024. Responsive Claim Construction Brief due by 9/9/2024. Reply Claim Construction Brief due by 9/16/2024. Surreply Claim Construction Brief due by 9/23/2024. Claim Construction Hearing TBD. Signed by US Magistrate Judge David Keesler on 1/30/24. (mga) Modified on 1/30/2024 to vacate (mek). [Transferred from North Carolina Western on 2/12/2024.] |
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TEXT-ONLY ORDER vacating #32 Patent Claim Construction Scheduling Order. So Ordered. Entered by District Judge Kenneth D. Bell on 1/30/2024. (mek) [Transferred from North Carolina Western on 2/12/2024.]
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| Filing 31 Joint CERTIFICATION of initial attorney conference and discovery plan (Olive, Susan) [Transferred from North Carolina Western on 2/12/2024.] |
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Filing 30
ORDER Consolidating Cases for Discovery as more fully set forth in this Order. All further pleadings to be docketed to Lead Case: 3:22-cv-677. Signed by District Judge Kenneth D. Bell on 1/19/2024. (mek) [Transferred from North Carolina Western on 2/12/2024.]
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| Set/Reset Deadlines: CIAC Report due by 1/29/2024. (mek) [Transferred from North Carolina Western on 2/12/2024.] |
| Filing 29 STATUS REPORT - JOINT, ON BEHALF OF ALL PARTIES - by Rovshan Sade (Attachments: #1 Exhibit A - MDNC ORDER Consolidating Cases, #2 Exhibit B - Patent Office Decision Denying Inter Partes Review of US Patent 9057546, #3 Exhibit C - Patent Office Decision Denying Inter Partes Review of US Patent 9917546, #4 Exhibit D - MDNC Parties' Joint Rule 26(f) Report, #5 Exhibit E - MDNC Case Management Order)(Olive, Susan) [Transferred from North Carolina Western on 2/12/2024.] |
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Filing 28
ORDER granting #27 Motion to Withdraw Greg Penoyer as Attorney. Attorney Gregory J. Penoyer terminated. Signed by US Magistrate Judge David Keesler on 7/18/23. (Pro se litigant served by US Mail.)(mga) [Transferred from North Carolina Western on 2/12/2024.]
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| Filing 27 MOTION to Withdraw as Attorney Greg Penoyer by Seville Solar One LLC. Responses due by 8/1/2023 (Attachments: #1 Proposed Order) (McNamara, Michael). Motions referred to David Keesler. [Transferred from North Carolina Western on 2/12/2024.] |
| Filing 26 Joint NOTICE of Parties' Position on Consolidation of Cases Pending in the W.D.N.C./RESPONSE to Court's #25 Order (Olive, Susan) Modified text on 7/5/2023 (mek). [Transferred from North Carolina Western on 2/12/2024.] |
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Filing 25
ORDER directing counsel for Plaintiff and Defendant to file, jointly if possible, a Notice with the Court that either: (1) indicates agreement that the related cases 3:22-CV-677-KDB-DCK and 3:22-CV-67-MOC-SCR should be consolidated; or (2) SHOWS CAUSE why these related cases should not be consolidated. Notice limited to five (5) pages or less and due on or before 7/3/2023. Signed by US Magistrate Judge David Keesler on 6/27/23. (Pro se litigant served by US Mail.)(mga) [Transferred from North Carolina Western on 2/12/2024.]
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| Filing 24 Joint CERTIFICATION of initial attorney conference and discovery plan (Attachments: #1 Exhibit 1 - IPR Petition Pages Showing Petitioner is Not This Defendant, #2 Exhibit 2 - Prior Success on Patent Appeal by Plaintiff)(Olive, Susan) [Transferred from North Carolina Western on 2/12/2024.] |
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Filing 23
ORDER granting #22 Plaintiff's Motion for Extension of Time to Conduct and Report Initial Attorney's Conference. CIAC Report due by 6/23/2023. Signed by US Magistrate Judge David Keesler on 6/15/23. (Pro se litigant served by US Mail.)(mga) [Transferred from North Carolina Western on 2/12/2024.]
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| Filing 22 Consent MOTION for Extension of Time of Scheduling Order Deadlines for Initial Attorney Conference and Report set in Dkt #18 by Rovshan Sade. Responses due by 6/29/2023 (Attachments: #1 Proposed Order) (Olive, Susan). Motions referred to David Keesler. [Transferred from North Carolina Western on 2/12/2024.] |
| Filing 21 NOTICE of Appearance by Susan Freya Olive on behalf of Rovshan Sade (Olive, Susan) [Transferred from North Carolina Western on 2/12/2024.] |
| Filing 19 NOTICE of Certificate of Settlement Conference Pursuant to Standing Order 5:19-mc-5. Result: Unable to resolve. (McNamara, Michael) [Transferred from North Carolina Western on 2/12/2024.] |
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Filing 18
ORDER directing the parties to file a Certificate of Settlement Conference on or before June 8, 2023. The parties shall conduct an Initial Attorney's Conference, jointly if possible, on or before June 16, 2023. Signed by US Magistrate Judge David Keesler on 5/31/23. (Pro se litigant served by US Mail.)(mga) [Transferred from North Carolina Western on 2/12/2024.]
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| Set/Reset Deadlines: CIAC Report due by 6/16/2023. Certificate of Settlement due by 6/8/2023. (mga) [Transferred from North Carolina Western on 2/12/2024.] |
| Filing 17 Pro Se CERTIFICATION of initial attorney conference and discovery plan filed by Plaintiff only (Attachments: #1 Appendix A, #2 Envelope)(tlj) [Transferred from North Carolina Western on 2/12/2024.] |
| SECOND Notice to Michael J. McNamara: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 3/14/2023. (rth) [Transferred from North Carolina Western on 2/12/2024.] |
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Filing 16
ORDER granting #13 Motion for Leave to Appear Pro Hac Vice added Gregory J. Penoyer,Gregory J. Penoyer for Seville Solar One LLC,Gregory J. Penoyer,Gregory J. Penoyer for Seville Solar One LLC (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge David Keesler on 2/23/23. (Pro se litigant served by US Mail.)(mga) [Transferred from North Carolina Western on 2/12/2024.]
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Filing 15
ORDER granting #12 Motion for Leave to Appear Pro Hac Vice added Michael J. McNamara for Seville Solar One LLC,Michael J. McNamara for Seville Solar One LLC (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge David Keesler on 2/23/23. (Pro se litigant served by US Mail.)(mga) [Transferred from North Carolina Western on 2/12/2024.]
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| Filing 14 CERTIFICATE OF SERVICE by Seville Solar One LLC re #12 MOTION for Leave to Appear Pro Hac Vice as to Michael J. McNamara Filing fee $ 288, receipt number ANCWDC-5952723., #13 MOTION for Leave to Appear Pro Hac Vice as to Gregory J. Penoyer Filing fee $ 288, receipt number ANCWDC-5952728. (Sasser, Jonathan) [Transferred from North Carolina Western on 2/12/2024.] |
| Notice to Michael J. McNamara: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 3/2/2023. (mga) [Transferred from North Carolina Western on 2/12/2024.] |
| Notice to Gregory J. Penoyer: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 3/2/2023. (mga) [Transferred from North Carolina Western on 2/12/2024.] |
| Filing 13 MOTION for Leave to Appear Pro Hac Vice as to Gregory J. Penoyer Filing fee $ 288, receipt number ANCWDC-5952728. by Seville Solar One LLC. (Sasser, Jonathan). Motions referred to David Keesler. [Transferred from North Carolina Western on 2/12/2024.] |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice as to Michael J. McNamara Filing fee $ 288, receipt number ANCWDC-5952723. by Seville Solar One LLC. (Sasser, Jonathan). Motions referred to David Keesler. [Transferred from North Carolina Western on 2/12/2024.] |
| Filing 11 Pro Se ANSWER to #8 Answer to Complaint and Counterclaims by Rovshan Sade. (Attachments: #1 Envelope)(ef) [Transferred from North Carolina Western on 2/12/2024.] |
| Filing 10 PSAP Opt In/Out Form mailed to Pro Se Litigant. PSAP Response due by 2/27/2023 (mek) [Transferred from North Carolina Western on 2/12/2024.] |
| Filing 9 Corporate Disclosure Statement by Seville Solar One LLC. (Sasser, Jonathan) [Transferred from North Carolina Western on 2/12/2024.] |
| Filing 8 ANSWER to #1 Complaint with Jury Demand by Seville Solar One LLC.(Sasser, Jonathan) [Transferred from North Carolina Western on 2/12/2024.] |
| Filing 7 NOTICE of Appearance by Jonathan Drew Sasser on behalf of Seville Solar One LLC (Sasser, Jonathan) [Transferred from North Carolina Western on 2/12/2024.] |
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Filing 6
ORDER granting #5 Defendant Seville Solar One LLC's Motion for Extension of Time to Answer re: #1 Complaint. Seville Solar One LLC answer due 2/10/2023. Signed by Magistrate Judge David Keesler on 1/12/23. (Pro se litigant served by US Mail.)(mga) [Transferred from North Carolina Western on 2/12/2024.]
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| Filing 5 MOTION for Extension of Time to Answer re: #1 Complaint by Seville Solar One LLC. (Spak, Michelle). Motions referred to David Keesler. [Transferred from North Carolina Western on 2/12/2024.] |
| Filing 4 SUMMONS Returned Executed. Seville Solar One LLC served on 12/21/2022, answer due 1/11/2023. (Attachments: #1 Envelope)(tlj) [Transferred from North Carolina Western on 2/12/2024.] |
| Filing 3 REPORT on the Filing of an action regarding patent and/or trademark numbers contained in complaint. (Attachments: #1 Complaint) (cjs) [Transferred from North Carolina Western on 2/12/2024.] |
| Filing 2 Summons Issued Conventionally as to Seville Solar One LLC. (cjs) [Transferred from North Carolina Western on 2/12/2024.] |
| Filing 1 Pro Se COMPLAINT against Seville Solar One LLC with Jury Demand (Filing fee $ 402 receipt number 1129), filed by Rovshan Sade. (Attachments: #1 Cover Sheet, #2 Exhibits)(cjs) [Transferred from North Carolina Western on 2/12/2024.] |
| Clerk's Entry and Service of #Standing Order Requiring an Initial Settlement Conference in Civil Cases assigned to the Honorable Kenneth D. Bell (5:19-mc-5 (Doc. No. 1)). The order was served conventionally. The filing party is directed to serve a copy of the Order with service. (cjs) [Transferred from North Carolina Western on 2/12/2024.] |
| Clerk's Entry and Service of #Case Assignment Packet. The document was served conventionally at case filing (cjs) [Transferred from North Carolina Western on 2/12/2024.] |
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