Twist Aero, LLC v. B GSE Group, LLC
Plaintiff: Twist Aero, LLC
Defendant: B GSE Group, LLC
Case Number: 3:2020cv00628
Filed: November 10, 2020
Court: US District Court for the Western District of North Carolina
Office: Charlotte Office
Presiding Judge: David S Cayer
Referring Judge: Robert J Conrad
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 25, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 25, 2020 Filing 45 Notice of Substitution of Counsel by Lawrence Joseph Goldman on behalf of B GSE Group, LLC, Attorney Mark Engling and Lisa Ann Hesse terminated. (Goldman, Lawrence)
November 17, 2020 Opinion or Order Filing 44 ORDER granting #42 Motion for Leave to Appear Pro Hac Vice added Richard A. Talda for Twist Aero, LLC; and granting #43 Motion for Leave to Appear Pro Hac Vice added Daniel J. Gentry for Twist Aero, LLC. Signed by Magistrate Judge David S. Cayer on 11/17/2020. (mek)
November 17, 2020 Filing 43 MOTION for Leave to Appear Pro Hac Vice as to Daniel J. Gentry Filing fee $ 281, receipt number 0419-4764091. by Twist Aero, LLC. (Arroyo, Blas). Motions referred to David S. Cayer.
November 17, 2020 Filing 42 MOTION for Leave to Appear Pro Hac Vice as to Richard A. Talda Filing fee $ 281, receipt number 0419-4764075. by Twist Aero, LLC. (Arroyo, Blas). Motions referred to David S. Cayer.
November 17, 2020 Notice to Richard A. Talda: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 11/24/2020. (mek)
November 17, 2020 Notice to Daniel J. Gentry: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 11/24/2020. (mek)
November 16, 2020 Filing 41 NOTICE of Appearance by Blas P. Arroyo on behalf of Twist Aero, LLC (Arroyo, Blas)
November 13, 2020 Reset Notice of Compliance Deadline to 11/27/2020 per Attorney Hesse's request. (rth)
November 10, 2020 Filing 40 Case transferred in from District of Ohio Southern; Case Number 3:19-cv-00337. Original electronic file and docket sheet received.
November 10, 2020 Opinion or Order Filing 39 ORDER ADOPTING REPORT AND RECOMMENDATIONS - It is ORDERED that the Report and Recommendations docketed on October 20, 2020 #38 is ADOPTED in full, Defendant B_GSE Group LLC's Alternative Motion to Transfer Venue to the U.S. District Court for the Western District of North Carolina #17 is GRANTED, the Clerk of Court is directed to transfer this case to the U.S. District Court for the Western District of North Carolina, Charlotte Division; and the case is terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 11-10-2020. (de) [Transferred from Ohio Southern on 11/10/2020.]
November 10, 2020 Case assigned to District Judge Robert J. Conrad, Jr and Magistrate Judge David S. Cayer. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(rth)
November 10, 2020 Notice to Daniel Jerome Gentry, Jonas Joe Gruenberg, Richard Albert Talda, Lisa Ann Hesse, Mark Engling: Pursuant to Local Rule 83.1 you are required to Associate local counsel and File a motion pro hac vice. Deadline by 11/17/2020. (rth)
October 20, 2020 Filing 38 REPORT AND RECOMMENDATIONS: 1. Defendant B_GSE Group LLC's Alternative Motion to Transfer Venue to the U.S. District Court for the Western District of North Carolina #17 be GRANTED; 2. The Clerk of Court be directed to transfer this case to the U.S. District Court for the Western District of North Carolina, Charlotte Division; and 3. The case be terminated on the docket of this Court Objections to R&R due by 11/3/2020. Signed by Magistrate Judge Sharon L. Ovington on 10-20-20. (mcm) [Transferred from Ohio Southern on 11/10/2020.]
July 10, 2020 Filing 37 STATUS REPORT Plaintiff Twist Aero, LLC's Status Report by Plaintiff Twist Aero, LLC. (Talda, Richard) [Transferred from Ohio Southern on 11/10/2020.]
July 9, 2020 Filing 36 STATUS REPORT AS TO NORTH CAROLINA FEDERAL LITIGATION by Defendant B GSE Group, LLC. (Engling, Mark) [Transferred from Ohio Southern on 11/10/2020.]
June 29, 2020 Opinion or Order Filing 35 ORDER - Status Report due by 7/10/2020. Signed by Magistrate Judge Sharon L. Ovington on 6-29-20. (mcm) [Transferred from Ohio Southern on 11/10/2020.]
June 17, 2020 Opinion or Order Filing 34 ENTRY AND ORDER DENYING MOTION TO STRIKE OBJECTIONS (DOC. #30 ); GRANTING CROSS-MOTION TO FILE OBJECTIONS ONE DAY OUT OF TIME (DOC. #31 ); ADOPTING, IN PART, REPORT AND RECOMMENDATIONS (DOC. #27 ); DENYING DEFENDANTS MOTION TO DISMISS FOR LACK OF JURISDICTION (WITHIN DOC. #17 ); AND, RECOMMITTING THE MATTER TOTHE MAGISTRATE JUDGE REGARDING DEFENDANTS ALTERNATIVE MOTION TO TRANSFER VENUE TO THE U.S. DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA (WITHIN DOC. #17 ). Signed by Judge Thomas M. Rose on 6/16/2020. (kma) [Transferred from Ohio Southern on 11/10/2020.]
May 22, 2020 Filing 33 REPLY to Response to Motion re #30 MOTION to Strike Reply Memorandum in Support of Cross-Motion to File Plaintiff Twist Aero, LLC's Objections to Magistrate's Report and Recommendations One Day Out of Time filed by Plaintiff Twist Aero, LLC. (Talda, Richard) [Transferred from Ohio Southern on 11/10/2020.]
May 21, 2020 Filing 32 REPLY to Response to Motion re #30 MOTION to Strike and Memorandum Opposing Motion for Leave to File Objections out of Time filed by Defendant B GSE Group, LLC. (Engling, Mark) [Transferred from Ohio Southern on 11/10/2020.]
May 21, 2020 Filing 31 RESPONSE in Opposition re #30 MOTION to Strike Memorandum in Opposition to Motion to Strike and Cross-Motion to file Plaintiff Twist Aero, LLC's Objections to Magistrate's Report and Recommendations One Day Out of Time filed by Plaintiff Twist Aero, LLC. (Attachments: #1 Exhibit A - Declaration of Daniel Gentry, Esq.) (Talda, Richard) [Transferred from Ohio Southern on 11/10/2020.]
May 20, 2020 Filing 30 Motion to Strike and Response re #29 Objection to Report and Recommendations, by Defendant B GSE Group, LLC. (Engling, Mark) Modified on 5/21/2020 to add text and change event type(kma). [Transferred from Ohio Southern on 11/10/2020.]
May 7, 2020 Filing 29 OBJECTION to #27 Report and Recommendations Plaintiff Twist Aero, LLC's Objections to Magistrate's Report and Recommendations by Plaintiff Twist Aero, 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, #9 Exhibit I) (Gentry, Daniel) [Transferred from Ohio Southern on 11/10/2020.]
April 29, 2020 Opinion or Order Filing 28 NOTATION ORDER The Telephone Status Conference scheduled for Thursday, May 7, 2020 at 10:00 am per the 02/06/2020 Minute Entry is CANCELLED. Signed by Judge Thomas M. Rose on 4-29-2020. (de) [Transferred from Ohio Southern on 11/10/2020.]
April 22, 2020 Filing 27 REPORT AND RECOMMENDATIONS- IT IS THEREFORE RECOMMENDED THAT: 1. Defendant B-GSE Group LLCs Motion for Judgment Dismissing Complaint for Lack of Jurisdiction (Doc. #17 ) be DENIED; 2. Defendant B-GSE Group LLCs Alternative Motion to Transfer Venue to the U.S. District Court for the Western District of North Carolina (Doc. #17 ) be GRANTED; 3. The Clerk of Court be directed to transfer this case to the U.S. District Court for the Western District of North Carolina, Charlotte Division; and 4. The case be terminated on the docket of this Court. Signed by Magistrate Judge Sharon L. Ovington on 4/14/2020. (kma) [Transferred from Ohio Southern on 11/10/2020.]
April 3, 2020 Filing 26 REPLY to Response to Motion re #17 MOTION to Dismiss for Lack of Jurisdiction or Alternatively for Transfer of Venue to U.S. Dist Court for Western District of North Carolina filed by Defendant B GSE Group, LLC. (Attachments: #1 Affidavit (Supplemental) of Bryan Bullerdick, #2 Exhibit Protective Order in N.C. Case No. 3:19cv000583) (Engling, Mark) [Transferred from Ohio Southern on 11/10/2020.]
March 26, 2020 Opinion or Order Filing 25 ENTRY AND ORDER GRANTING THE JOINT MOTION FOR EXTENSION OF TIME FOR DEFENDANT B GSE GROUP, LLC TO REPLY IN SUPPORT OF ITS MOTION TO DISMISS FORLACK OF JURISDICTION: This matter came before the Court on the parties Joint Motion for Third Extension of Time to Reply in Support of Defendant B GSE Group, LLCs Motion to Dismiss for Lack of Jurisdiction. The Court, being in all things duly advised, now GRANTS that Motion. It is therefore ORDERED, that Defendant B GSE Group, LLC is granted the requested extension of time to file its reply in support of Motion to Dismiss for Lack of Jurisdiction (Doc.#17 ) up to and including April 6, 2020. Signed by Magistrate Judge Sharon L. Ovington on 3/26/2020. (kma) [Transferred from Ohio Southern on 11/10/2020.]
March 26, 2020 Filing 24 Joint MOTION for Extension of Time to File Response/Reply as to #17 MOTION to Dismiss for Lack of Jurisdiction or Alternatively for Transfer of Venue to U.S. Dist Court for Western District of North Carolina New date requested 4/6/2020. by Defendant B GSE Group, LLC. (Engling, Mark) [Transferred from Ohio Southern on 11/10/2020.]
March 20, 2020 Filing 23 RESPONSE in Opposition re #17 MOTION to Dismiss for Lack of Jurisdiction or Alternatively for Transfer of Venue to U.S. Dist Court for Western District of North Carolina Plaintiff Twist Aero, LLC's Memorandum in Opposition to Defendant's Motion to Dismiss Complaint for Lack of Jurisdiction or Transfer of Venue filed by Plaintiff Twist Aero, LLC. (Attachments: #1 Exhibit A - Smith Declaration, #2 Exhibit B - Dinnen Declaration, #3 Exhibit C - Schrinner Declaration, #4 Exhibit D - Shellhammer Declaration) (Talda, Richard) [Transferred from Ohio Southern on 11/10/2020.]
March 17, 2020 Opinion or Order NOTATION ORDER granting #22 Joint Motion for Second Extension of Time. Plaintiff's response to #17 Motion to Dismiss for Lack of Jurisdiction or Alternatively for Transfer of Venue to U.S. Dist Court for Western District of North Carolina due 3/20/2020. Defendant's reply due 3/27/2020. Signed by Magistrate Judge Sharon L. Ovington on 3/17/2020. (lk) [Transferred from Ohio Southern on 11/10/2020.]
March 16, 2020 Filing 22 Joint MOTION for Extension of Time New date requested 3/20/2020. Joint Motion for Second Extension of Time to Respond and Reply to Defendant B GSE Group, LLC's Motion to Dismiss for Lack of Jurisdiction by Plaintiff Twist Aero, LLC. (Talda, Richard) [Transferred from Ohio Southern on 11/10/2020.]
March 9, 2020 Opinion or Order Filing 21 ENTRY AND ORDER GRANTING THE JOINT MOTION FOR EXTENSION OF TIME TORESPOND AND REPLY TO DEFENDANT B GSE GROUP, LLCS MOTION TO DISMISS FOR LACK OF JURISDICTION- It is therefore ORDERED, that Plaintiff Twist is granted the requested extension of time to file its response to Defendant B GSE Group, LLCs Motion to Dismiss for Lack of Jurisdiction (Doc. #17 ) up to and including March 16, 2020. It is further ORDERED, that Defendant B GSE Group, LLC is granted the requested extension, up to and including March 23, 2020, in which to file its reply. Signed by Magistrate Judge Sharon L. Ovington on 3/9/2020. (kma) [Transferred from Ohio Southern on 11/10/2020.]
March 6, 2020 Filing 20 Joint MOTION for Extension of Time to File Response/Reply New date requested 3/16/2020. by Plaintiff Twist Aero, LLC. (Talda, Richard) [Transferred from Ohio Southern on 11/10/2020.]
February 27, 2020 Opinion or Order Filing 19 STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Sharon L. Ovington on 2/25/2020. (kma) [Transferred from Ohio Southern on 11/10/2020.]
February 24, 2020 Minute Entry for proceedings held before Magistrate Judge Sharon L. Ovington: Teleconference held on 2/24/2020. (rp) [Transferred from Ohio Southern on 11/10/2020.]
February 21, 2020 NOTICE: Teleconference set for 2/24/2020 at 2:00 PM before Magistrate Judge Sharon L. Ovington. Signed by Magistrate Judge Sharon L. Ovington on 2/21/2020.TELECONFERENCE INSTRUCTIONS: Please call 1-888-684-8852. The ACCESS CODE is 6641708. The SECURITY CODE is 022420. If you have any questions, please call Chambers at 937-512-1570. (lk) [Transferred from Ohio Southern on 11/10/2020.]
February 14, 2020 Set/Reset Deadlines as to #17 MOTION to Dismiss for Lack of Jurisdiction or Alternatively for Transfer of Venue to U.S. Dist Court for Western District of North Carolina. Responses due by 3/11/2020. Replies due by 3/18/2020. (lk) [Transferred from Ohio Southern on 11/10/2020.]
February 12, 2020 Minute Entry for proceedings held before Magistrate Judge Sharon L. Ovington: Discovery Teleconference held on 2/12/2020. (rp) [Transferred from Ohio Southern on 11/10/2020.]
February 12, 2020 Opinion or Order NOTATION ORDER - Pursuant to the informal telephone conference held on February 12, 2020, the Court hereby ORDERS: (1) discovery limited to issues of personal jurisdiction and venue in Ohio shall be completed on or before February 26, 2020; (2) Plaintiff's Memorandum in Opposition to Defendant's Motion to Dismiss #17 is due by March 11, 2020; and (3) Defendant's Reply, if any, is due by March 18, 2020. Signed by Magistrate Judge Sharon L. Ovington on 2-12-20. (mcm) [Transferred from Ohio Southern on 11/10/2020.]
February 7, 2020 Opinion or Order NOTATION ORDER: Informal Discovery Telephone Conference set on 2/12/2020 at 02:00 PM before Magistrate Judge Sharon L. Ovington. TELECONFERENCE INSTRUCTIONS: PLEASE CALL 1-888-684-8852. The ACCESS CODE is 6641708. The SECURITY CODE is 020720. If you have any questions, please call Rose Plummer at 937-512-1570.. Signed by Magistrate Judge Sharon L. Ovington on 2-7-20. (mcm) [Transferred from Ohio Southern on 11/10/2020.]
February 6, 2020 Opinion or Order Filing 18 ORDER REFERRING MOTION: #17 MOTION to Dismiss for Lack of Jurisdiction or Alternatively for Transfer of Venue to U.S. Dist Court for Western District of North Carolina filed by B GSE Group, LLC. Signed by Judge Thomas M. Rose on 2/6/20. (ep) [Transferred from Ohio Southern on 11/10/2020.]
February 6, 2020 Minute Entry for proceedings held before Judge Thomas M. Rose: Initial Pretrial Conference held on 2/6/2020. Motion to Dismiss referred to Magistrate Judge Sharon L. Ovington, discovery request anticipated. Telephone Status Conference set for Thursday, May 7, 2020 at 10:00 am. (ep) [Transferred from Ohio Southern on 11/10/2020.]
February 5, 2020 Filing 17 MOTION to Dismiss for Lack of Jurisdiction or Alternatively for Transfer of Venue to U.S. Dist Court for Western District of North Carolina by Defendant B GSE Group, LLC. (Attachments: #1 Affidavit of Bryan Bullerdick, #2 Affidavit of Scott Dils, #3 Exhibit Complaint for Patent Infringement in Case No. 3:19cv00583, #4 Exhibit Answer in Case No. 3:19cv00583) (Engling, Mark) [Transferred from Ohio Southern on 11/10/2020.]
January 29, 2020 Filing 16 RULE 26(f) REPORT by Plaintiff Twist Aero, LLC. (Talda, Richard) [Transferred from Ohio Southern on 11/10/2020.]
January 9, 2020 Filing 15 NOTICE of Appearance by Jonas Joe Gruenberg for Plaintiff Twist Aero, LLC (Gruenberg, Jonas) [Transferred from Ohio Southern on 11/10/2020.]
December 18, 2019 Filing 14 NOTICE of Appearance by Richard Albert Talda for Plaintiff Twist Aero, LLC (Talda, Richard) [Transferred from Ohio Southern on 11/10/2020.]
December 18, 2019 Filing 13 NOTICE of Appearance by Lisa Ann Hesse for Defendant B GSE Group, LLC (Hesse, Lisa) [Transferred from Ohio Southern on 11/10/2020.]
December 12, 2019 NOTICE of Hearing: Preliminary Pretrial Conference set for Tuesday, January 28, 2020 at 10:30 a.m. by telephone conference call before Judge Thomas M. Rose. The Court will initiate the call. Prior to the pretrial conference counsel must comply with the MANDATORY DISCLOSURE RULES of Fed.R.Civ.P. 26(a)(1) and the MANDATORY, pre-preliminary pretrial conference between counsel, required by Fed.R.Civ.P. 26(f). NOTE: the format for the Rule 26(f) conference between counsel and the report to the Court has been altered. This new form is available on line and MUST be utilized in this case. THE REPORT MUST BE FILED 7 DAYS PRIOR TO THE PRELIMINARY PRETRIAL CONFERENCE. In all cases with class action allegations, the parties shall include in their Fed. R. Civ. P. 26(f) report proposed deadlines for completing discovery relevant to those allegations and for filing a motion to certify a class, and a proposed date for class action determination. Pretrial procedures and forms can be found at our website at www.ohsd.uscourts.gov. Should more attorneys be actively involved than those listed on the Courts docket, please notify the courtroom deputy, Liz Penski, at 937-512-1603, immediately, to include the additional attorneys in the Preliminary Pretrial Conference. Only phone numbers for direct lines (not answering systems) should be provided to the Court. If you wish a direct line number other than your office number called, please advise the Court at least 24 hours preceding the conference. (ep) [Transferred from Ohio Southern on 11/10/2020.]
December 11, 2019 Filing 12 Corporate Disclosure Statement by Defendant B GSE Group, LLC. (Engling, Mark) [Transferred from Ohio Southern on 11/10/2020.]
December 11, 2019 Filing 11 ANSWER to #1 Complaint, with Jury Demand filed by B GSE Group, LLC. (Engling, Mark) [Transferred from Ohio Southern on 11/10/2020.]
November 18, 2019 Filing 10 STIPULATION Extension of Time for Defendant B GSE Group, LLC to Answer, Move, or Otherwise Plead by Defendant B GSE Group, LLC. (Engling, Mark) [Transferred from Ohio Southern on 11/10/2020.]
November 7, 2019 Filing 9 SUMMONS Returned Executed as to Defendant B GSE Group, LLC. B GSE Group, LLC served on 10/29/2019, answer due 11/19/2019. (Talda, Richard) [Transferred from Ohio Southern on 11/10/2020.]
October 28, 2019 Filing 8 Summons Issued as to B GSE Group, LLC. (kma) [Transferred from Ohio Southern on 11/10/2020.]
October 28, 2019 Filing 7 REQUEST for Issuance of Summons. (Talda, Richard) [Transferred from Ohio Southern on 11/10/2020.]
October 28, 2019 Filing 6 REQUEST for Issuance of Summons. (Talda, Richard) [Transferred from Ohio Southern on 11/10/2020.]
October 25, 2019 Filing 5 NOTICE of Appearance by Daniel Jerome Gentry for Plaintiff Twist Aero, LLC (Gentry, Daniel) [Transferred from Ohio Southern on 11/10/2020.]
October 23, 2019 Filing 4 NOTICE by Plaintiff Twist Aero, LLC re #1 Complaint, Corrected Civil Cover Sheet (Talda, Richard) [Transferred from Ohio Southern on 11/10/2020.]
October 23, 2019 Filing 3 NOTICE by Plaintiff Twist Aero, LLC re #1 Complaint, Civil Cover Sheet (Talda, Richard) [Transferred from Ohio Southern on 11/10/2020.]
October 23, 2019 NOTICE re #1 Complaint: Counsel is directed to file a Civil Cover Sheet, needed with all complaints, and located on the courts website, www.ohsd.uscourts.gov, and located under the forms tab. Counsel should file the civil cover sheet and link back to the complaint, document #1 . (kma) [Transferred from Ohio Southern on 11/10/2020.]
October 23, 2019 Notice: If case is to be referred it will be assigned to Magistrate Judge Sharon L. Ovington. (kma) [Transferred from Ohio Southern on 11/10/2020.]
October 22, 2019 Filing 2 Corporate Disclosure Statement by Plaintiff Twist Aero, LLC. (Talda, Richard) [Transferred from Ohio Southern on 11/10/2020.]
October 22, 2019 Filing 1 COMPLAINT with JURY DEMAND Complaint for Money Damages and for Injunctive Relief against B GSE Group, LLC ( Filing fee $ 400 paid - receipt number: 0648-7165394), filed by Twist Aero, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Talda, Richard) [Transferred from Ohio Southern on 11/10/2020.]

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the North Carolina Western District Court's Electronic Court Filings (ECF) System

Search for this case: Twist Aero, LLC v. B GSE Group, LLC
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: B GSE Group, LLC
Represented By: Lisa Ann Hesse
Represented By: Mark Engling
Represented By: Lawrence Joseph Goldman
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Twist Aero, LLC
Represented By: Richard Albert Talda
Represented By: Daniel Jerome Gentry
Represented By: Jonas Joe Gruenberg
Represented By: Richard A. Talda
Represented By: Blas P. Arroyo
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?